Patna High CourtCR. MISC./25850/2024bail granted

Niranjan Yadav v. The State Of Bihar

2024-04-04Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25850 of 2024 Arising Out of PS. Case No.-744 Year-2023 Thana- RAMKRISHNANAGAR District- Patna ====================================================== Niranjan Yadav Son of late Chhatu Prasad @ Chhathu Prasad Resident of Nandlal Chapra, P.S.-Ramkrishna Nagar, Distt.-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr.Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. Learned counsel for the petitioner is permitted to file supplementary affidavit during course of the day, the same be kept on record.

3. The petitioner seeks bail in connection with Ramkrishna Nagar P.S. case No. 744 of 2023 instituted for the offences under Sections 8, 20(b)(ii), (B), 25, 29 of the N.D.P.S. Act and Section 30(a) of the Bihar Prohibition and Excise Act and 25(1-b)a, 26, 35 of the Arms Act.

Patna High Court CR. MISC. No.25850 of 2024(2) dt.04-04-2024 2/3

4. Prosecution case, in short, is that 2.7 litres of illicit liquor and 6.3 Kg of ganja has been recovered in this case.

5. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Petitioner is in custody since 06.01.2024 and has three criminal antecedents (as per supplementary affidavit). There is no allegation of tampering of witnesses alleged against the petitioner. No incriminating material has been recovered from the conscious possession of the petitioner. Petitioner has got no concern with the alleged recovery. The co-accused person has already been granted bail by a Coordinate Bench of this Court vide order dated 13.02.2024 passed in Cr. Misc. No. 7480 of 2024. The recovered contraband is below commercial quantity, and hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. There is no compliance of Section 42 and 50 of the N.D.P.S. Act. There is no compliance of Section 100 of the Cr.P.C.

6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Considering the aforesaid facts and circumstances of the case, claim based on parity, contraband being below commercial quantity as also the period of custody undergone by

Patna High Court CR. MISC. No.25850 of 2024(2) dt.04-04-2024 3/3 the petitioner, this Court is inclined to grant bail to the petitioner.

8. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Ramkrishna Nagar P.S. case No. 744 of 2023, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Alok Verma/- U T