Bikash Kumar Yadav @ Fanta Yadav @ Vikash Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22132 of 2023 Arising Out of PS. Case No.-8 Year-2023 Thana- LODIPUR District- Bhagalpur ====================================================== Bikash Kumar Yadav @ Fanta Yadav @ Vikash Kumar Yadav, S/O Ratanlal Yadav Resident of Village- Choudharidih, P.S.- Lodipur, District- Bhagalpur. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Praveen Kumar, Advocate For the Opposite Party/s :

Mr. Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 02-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2.

This application for grant of regular bail arises out of Lodipur P.S. Case No.08 of 2023 registered for the offence punishable under Sections 25(1-B)a & 26 of the Arms Act and under Section 18(c) & 27 of the Drugs and Cosmetics Act, 1940.

3.

As per the prosecution case, 6 live cartridges have been recovered from the possession of the petitioner and 580 Nitrazepam Tables have been recovered from the shop of the petitioner.

4.

It has been submitted by learned counsel for the petitioner that the petitioner has given the shop on rent to

Patna High Court CR. MISC. No.22132 of 2023(3) dt.02-08-2023 2/2 one Manoj Kumar but the police instead of arresting Manoj Kumar arrested the petitioner as he is the landlord of the shop. The petitioner is in custody since 12.01.2023. 5.

Considering the entire facts and circumstances of the case and period of custody of the petitioner, this application is allowed.

6.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge (Drugs & Cosmetics Act), Bhagalpur, in connection with Lodipur P.S. Case No. 08 of 2023. 7.

This is subject to the condition that petitioner shall mark his attendance in Lodipur Police Station, DistrictBhagalpur on first Sunday of every month. Any default in appearance at the Police Station would result in cancellation of bail bonds of the petitioner.

(Sandeep Kumar, J) pawan/- U T