Yuvraj @ Abhiraj Kumar @ Yuvraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26354 of 2024 Arising Out of PS. Case No.-876 Year-2023 Thana- RAMKRISHNANAGAR District- Patna ====================================================== Yuvraj @ Abhiraj Kumar @ Yuvraj Kumar Son of Sri Ravi Kumar Resident of Near Krishna Niketan School, Jakariyapur, P.S.- Ram Krishna Nagar, Dist.- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur, Sr. Advocate Mrs.Vaishnavi Singh, Advocate Mr. Ritwik Thakur, Advocate For the Opposite Party/s :
Mr.Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 14-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Ramkrishna Nagar P.S. Case No. 876/2023 dated 25.12.2023 registered for the offence punishable u/s 8(c), 21(c), 25 and 29 of the N.D.P.S Act.
3. As per the prosecution case, total 506 grams of smack was recovered from the lap of the co-accused, Abhishek Kumar Gupta who was sitting in the car. The petitioner was riding on the motorcycle. The apprehended
Patna High Court CR. MISC. No.26354 of 2024(3) dt.14-05-2024 2/3 co-accused persons disclosed that the petitioner and the coaccused persons arranged the said contraband.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. Learned counsel has submitted that the recovery was made from the car whereas the petitioner was riding a motorcycle, from which a mobile phone was recovered from the possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 26.12.2023.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the seized contraband is commercial quantity. 6.
Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna in connection
Patna High Court CR. MISC. No.26354 of 2024(3) dt.14-05-2024 3/3 with Ramkrishna Nagar P.S. Case No. 876/2023, with the condition ;- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T