Kundan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19965 of 2019 Arising Out of PS. Case No.-113 Year-2018 Thana- JOGBANI District- Araria ====================================================== Kundan Yadav aged about 25 years (M) son of Hira Yadav, resident of villageNetaji Chowk near Pokhar Basti, Police Station-Jogbani, District-Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-04-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Special Case No. 08 of 2018 corresponding to Jogbani P.S. Case No. 113 of 2018, registered for the offence punishable under Sections 21( C), 22 of the NDPS Act and Sections 27(b), (28) read with Section 36 of the Drugs and Cosmetic Act.

The allegation is regarding recovery of huge quantity of cough syrup containing codeine from the house of the co-accused, namely, Sapna Devi and upon inquiry by the police, she had disclosed the name of the co-accused person, namely, Ram Karan Yadav to be one of her accomplice.

Patna High Court CR. MISC. No.19965 of 2019(2) dt.05-04-2019 2/3 The said Ram Karan Yadav, upon being arrested and interrogated by the police, disclosed the name of the petitioner herein.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. It is submitted that the other co-accused persons, namely, Sapna Devi and Ram Karan Yadav have already been granted bail by the coordinate Benches of this Court vide orders dated 13.07.2018 and 27.11.2018 passed in Criminal Miscellaneous Nos. 42361 of 2018 and 68162 of 2018. It is further submitted that the petitioner is having a clean antecedent and he is languishing in custody since 28.01.2019. Lastly, it is submitted that no recovery has been made from the possession of the petitioner.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions cum Special Judge, Araria in connection with Special Case No. 8 of 2018 corresponding to

Patna High Court CR. MISC. No.19965 of 2019(2) dt.05-04-2019 3/3 Jogbani P.S. Case No. 113 of 2018.

(Mohit Kumar Shah, J) ajay gupta/- U T