Hiralal Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78882 of 2018 Arising Out of PS. Case No.-28 Year-2018 Thana- NADI NAINAHA District- West Champaran ======================================================

1. Hiralal Yadav and Anr Son of Paras Yadav

2. Pappu Yadav Son of Paras Yadav Both are Resident of Village -Muradih, Police Station- Bhitaha, Disrict- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Sri Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 25-01-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in connection with Nadi P.S. Case No. 28 of 2018 for the offence under Sections 8 and 20 of the N.D.P.S. Act.

Learned counsel appearing for the petitioners submits that the petitioners, who are of clean antecedent, are innocent and have not committed any offence. In fact, nothing has been recovered form the conscious possession of these petitioners. The petitioners are rotting in custody for more than five months.

Learned A.P.P. appearing for the State has opposed

Patna High Court Cr.Misc. No.78882 of 2018(2) dt.25-01-2019 2/2 the prayer for bail and submitted that the 2.5 kg of Ganja has been recovered from dickey of the motorcycle of the petitioners.

Considering the facts and circumstances of the case, this Court is not inclined to grant bail to this petitioner at this stage. Accordingly, the prayer for bail of this petitioner is rejected.

However, the petitioner may renew his prayer for bail after framing of charge.

(Arvind Srivastava, J) brajesh/- U T