Subhash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25037 of 2023 Arising Out of PS. Case No.-577 Year-2022 Thana- ALOULI District- Khagaria ====================================================== SUBHASH YADAV S/o Umesh Yadav R/o Village-Alauli, PS-Alauli, District-Khagaria ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Om Prakash Kumar For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-05-2023 Heard the learned counsel for the petitioner and learned APP for the State.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Alauli P.S. Case No. 577 of 2022 registered for the offence under Sections 20b(II)(B), 22b 29 of N.D.P.S. Act 1985. The prosecution story in short is that on 10.12.2022 informant got secret information that one person is carrying

Patna High Court CR. MISC. No.25037 of 2023(2) dt.23-05-2023 2/3 'Ganja' in yellow bag sitting in Star Bus coming to Khagaria. On getting the said information, the informant along with his team went there and stopped the alleged bus and with the help of driver and conductor, the informant entered into the bus and on suspicion he enquired from the person sitting at the window side. On search, one Realme Mobile and 19 packets of 'Ganja" kept in yellow sack was recovered under the seat on which the accused petitioner was sitting.

Learned counsel for the petitioner submits that the petitioner is in custody since 11.12.2022 and the petitioner is quite innocent and there is no specific allegation against the petitioner.

Learned A.P.P. has vehemently opposed the prayer for bail.

Considering the recovery of intermittent quantity of ganja i.e 8.80kg under the seat of the bus and the petitioner has clean antecedent, this application for regular bail is allowed. Let the petitioner, above named, be released on bail after framing of charge if the charge is not framed yet and on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-5th, Khagaria/concerned

Patna High Court CR. MISC. No.25037 of 2023(2) dt.23-05-2023 3/3 Court below in connection with Alauli P.S. Case No. 577 of 2022.

(Sandeep Kumar, J) Shishir/- U T