Sikandar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20816 of 2020 Arising Out of PS. Case No.-123 Year-2019 Thana- DARPA District- East Champaran ====================================================== Sikandar Yadav Son of Bindi Rai @ Binda Yadav Resident of Village- Murli, P.S.- Chhauradaro, District- East Champaran, Motihari. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar, Adv.
For the Opposite Party/s :
Mr. Uma Shankar Prasad Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09-09-2020 Defect, as pointed out by the office, is ignored. Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State through video conferencing.
Petitioner is in jail custody since 01.12.2019 in connection with N.D.P.S. Case No. 80 of 2019 arising out of Darpa P.S. Case No. 123 of 2019 registered for the offences punishable under Sections 399, 402, 412 of the Indian Penal Code, 25(1-b)a, 26, 35 of the Arms Act and 8/20 (b)(ii)(b) of N.D.P.S. Act.
Petitioner was caught along with other co-accused and allegedly, one country made loaded katta and one live cartridge were recovered from his conscious possession.
Patna High Court CR. MISC. No.20816 of 2020(2) dt.09-09-2020 2/2 Learned counsel of the petitioner submits that having more or less similar allegation, one co-accused, namely, Ashok Patel has already been granted privilege of bail by a co-ordinate Bench of this court vide order dated 05.03.2020 passed in Cr. Misc. No. 9569 of 2020.
Considering the aforesaid facts and circumstances as well as this aspect of the matter that petitioner does not have any criminal antecedent and recovery of charas has been made from possession of other accused as well as from the house of one Dhrup Prasad Kushwaha, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge/Special Judge, East Champaran, Motihari in connection with N.D.P.S. Case No. 80 of 2019 arising out of Darpa P.S. Case No. 123 of 2019. (Hemant Kumar Srivastava, J) shahzad/- U T