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Patna High CourtCR. MISC./24073/2023allowed

Pappu Yadav v. The State Of Bihar

2023-05-09Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24073 of 2023 Arising Out of PS. Case No.-66 Year-2023 Thana- AMAS District- Gaya ====================================================== Pappu Yadav Son Of Banwari Yadav Resident Of Village - Mahuawan, P.S. - Amas, Distt. - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Javed Jafar Khan For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 8(C) , 20, 29 and 35 of the NDPS Act.

Prosecution case relates to recovery of 100 grams of ganja like narcotics substance near the oven of the hotel. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on suspicion. He has no concern either with the seized contraband or with the other co-accused persons. It is further submitted that the provision of NDPS Act has not been followed in this case. It is also submitted that the recovered ganja like substance does not come

Patna High Court CR. MISC. No.24073 of 2023(2) dt.09-05-2023 2/2 under the purview of commercial quantity. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 17.02.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Amas P.S. Case No. 66 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum-Special Judge, NDPS Act, Gaya. (Sunil Kumar Panwar, J) shubham/- U T