Gopal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34404 of 2021 Arising Out of PS. Case No.-190 Year-2020 Thana- BARACHATTI District- Gaya ====================================================== Gopal Yadav S/O Late Rama Yadav Resident Of Village- Khajurain, P.S.- Barachatti, District- Gaya.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Sudhir Kumar Sinha For the Opposite Party/s :

Mr. Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-01-2022 Heard the learned Advocate for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Barachatty P. S. Case No.190 of 2020, instituted for the offences under Sections 20, 22 of the N.D.P.S. Act.

The learned counsel for the petitioner submits that the petitioner is in custody since 09.01.2021, he is a person with clean antecedent and charge-sheet has been submitted in this case.

Allegation is of recovery of 100 Kgs. of Doda from the field of the petitioner.

The learned counsel for the petitioner submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that recovery was made from an open field. It is

Patna High Court CR. MISC. No.34404 of 2021(4) dt.03-01-2022 2/2 vehemently submitted that the petitioner does not have any land in the village from where this recovery of Doda is alleged to be made.

The learned counsel for the petitioner submits that similarly situated co-accused Sheo Nandan Yadav @ Shiv Nandan Yadav has been granted anticipatory bail by order dated 17.12.2021 in Cr. Misc. No.3704 of 2021.

Learned A.P.P. opposes the bail application.

Considering the fact that the petitioner is in custody, he is a person with clean antecedent and charge-sheet has been submitted in this case and co-accused has been granted anticipatory bail, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, N.D.P.S. Act, Gaya in connection with Barachatty P. S. Case No.190 of 2020.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T