Amarjeet Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23674 of 2025 Arising Out of PS. Case No.-60 Year-2018 Thana- MANIGACHI District- Darbhanga ====================================================== Amarjeet Yadav S/o Gajo Prasad Yadav @ Gajo Yadav Resident of VillageRahimpur, Police Station- Muffasil, District- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashank Shekhar, Adv.
For the Opposite Party/s :
Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 01-05-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner seeks bail in connection with Manigachi P.S. Case No. 60 of 2018 dated 21.03.2018 registered for the offence punishable under Sections 8, 20(c) and 25 of the N.D.P.S. Act.
3. The allegation is of recovery of 900 kg Ganja like substance from the truck bearing Reg. No. BR01GB8195 and two persons, namely, Lal Babu Sharma and Ranjit Kumar were arrested on the spot.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that on the basis of confessional statement of arrested co-accused persons, namely, Lal Babu Sharma and
Patna High Court CR. MISC. No.23674 of 2025(2) dt.01-05-2025 2/3 Ranjit Kumar, the petitioner has been made accused in this case. The petitioner is neither the driver nor the owner of the said truck. It is further submitted that the apprehended co-accused persons, namely, Lal Babu Sharma and Ranjit Kumar have been granted bail by different co-ordinate Benches of this Court vide Criminal Miscellaneous No. 45805 of 2018 and Criminal Miscellaneous No. 8933 of 2020 respectively. Lastly, it has been submitted that the petitioner is in custody since 24.12.2024, having four criminal cases against him out of which in three cases, the petitioner has been acquitted and one case bearing Govt. Official Comp. P.S. Case No. 10 of 2018 is pending against him and charge-sheet has been submitted in the case.
5. Learned A.P.P for the State opposes the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge (N.D.P.S. Act)-cum-Sessions Judge, Darbhanga in connection with Manigachi P.S. Case No. 60 of 2018, subject to the following conditions:-
Patna High Court CR. MISC. No.23674 of 2025(2) dt.01-05-2025 3/3
1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.
3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.
4. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
5. The petitioner shall appear before the Police Station of his local area in the first week of each month till the disposal of the present case. (Khatim Reza, J) prabhat/- U T