Ram Pravesh Rai Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24301 of 2022 Arising Out of PS. Case No.-52 Year-2022 Thana- PIPRAHI District- Sheohar ====================================================== RAM PRAVESH RAI YADAV SON OF NAGENDRA YADAV R/O VILLAGE- LAKSHMIPUR, P.S.- MALANGAMA, DISTRICT- SARLAHI (NEPAL) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-08-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered u/s 20, 22 and 24 of the Narcotic Drugs and Psychotropic Substances Act. As per the prosecution case, total 03 Kg and 200 grams of Ganza and a mobile with keypad button were recovered from the possession of the petitioner. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.24301 of 2022(2) dt.08-08-2022 2/2 case on mere suspicion. Nothing has been recovered from the conscious possession of the petitioner as alleged except his own mobile. The petitioner has clean antecedent as stated at para 3 of the bail petition. The petitioner is languishing in jail custody since 26.02.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the recovered Ganza is more than the small quantity but less than the commercial quantity.

Considering the aforesaid facts and circumstances, the petitioner above-named, is directed to be enlarged on bail after framing of charge on furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District and Sessions Judgecum-Special Judge, Seohar in connection with Piprahi P.S. Case No. 52 of 2022 with a condition:-

1. 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 bond of the petitioner is liable to be cancelled by the concerned Court.

The application stands allowed.

(Chandra Prakash Singh, J) shobhakri/- U T