Yogendra Sanjay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29884 of 2021 Arising Out of PS. Case No.-42 Year-2021 Thana- KUCHAIKOTE District- Gopalganj ====================================================== 1.

Yogendra Sanjay Son Of Sanjay Singh Resident Of Village- Banaipur, P.S.- Kandaul, District- Pratapgarh. At Present Resident Of House No.752, Vikasnagarh, District- Chandigarh.

2.

Pawan Kumar Son Of Kalaram Resident Of Village And P.S.- Kotkhalsa, District- Amritsar.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Kumar- Advocate For the Opposite Party/s :

Mr. Ram Bilash Roy Raman- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-11-2021 Heard the learned Advocate for the petitioners and the learned APP for the State.

The petitioners seek bail in connection with Kuchaikot P. S. Case No.42 of 2021, Tr. No.07 of 2021, instituted for the offences under Sections 20/ 22/ 25/ 29 of the N.D.P.S. Act.

The petitioners are in custody since 27.01.2021. Petitioners are persons with clean antecedents and chargesheet has been submitted in the case. From bare perusal of the allegation as alleged in the F.I.R., it would manifest that 10 kgs. of Ganja was

Patna High Court CR. MISC. No.29884 of 2021(2) dt.24-11-2021 2/3 recovered from the dickey of Maruti van.

Learned counsel for the petitioner submits that petitioner no.1 is the driver and petitioner no.2 is the helper of the said vehicle and the car belonged to the petitioner no.1. It is further submitted that he had booked the Car of Rishikant Yadav and petitioner was asked by Rishikant Yadav to go at his house in Gopalganj as he had to carry some luggage.

Learned counsel for the petitioner further submits that petitioner was unaware what was in the dickey when the police searched, 10 kgs. of Ganja was recovered. Learned counsel for the petitioners submits that the quantity of ganja recovered is less than the commercial quantity. Learned A.P.P. vehemently opposes the bail application.

Considering the fact that petitioner is in custody since 27.01.2021 and the Ganja recovered is less than commercial quantity, the petitioners, above-named, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction

Patna High Court CR. MISC. No.29884 of 2021(2) dt.24-11-2021 3/3 of learned Sessions Judge, Gopalganj in connection with Kochaikot P. S. Case No.42 of 2021, Trial No.07 of 2021. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T