Pramod Kumar Yadav@ Pramod Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29158 of 2023 Arising Out of PS. Case No.-53 Year-2021 Thana- NARPATGANJ District- Araria ====================================================== PRAMOD KUMAR YADAV@ PRAMOD YADAV SON OF LATE BISHESHWAR YADAV RESIDENT OF VILLAGE- BELA, WARD NO. 7, PS- (BASMATIYA O.P.), NARPATGANJ, DISTT- ARARIA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prafull Chandra Thakur, Advocate For the Opposite Party/s :
Ms. Nirmala Kumari, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-05-2023 Heard Mr. Prafull Chandra Thakur, learned counsel for the petitioner and Mr. Lalan Kumar, Additional Public Prosecutor for the State.
Petitioner seeks regular bail in connection with Special Case No. 04 of 2021 arising out of Narpatganj (Basmatiya) PS Case No. 53/2021 registered for the offence punishable under Sections 8C/20/22 of the NDPS Act. This is second attempt for grant of regular bail on behalf of the petitioner inasmuch as earlier the bail application of the petitioner was rejected by this Court vide order dated 4.3.2022 passed in Cr. Misc. 32656 of 2021 with liberty to renew his prayer for grant of regular bail after one year. 2.5 Kilograms of Ganja and some psychotropic medicines, namely, Nitrovet-10, Spamso-Proxyvon Plus have
Patna High Court CR. MISC. No.29158 of 2023(2) dt.17-05-2023 2/3 been recovered from the possession of the petitioner. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and the Ganja and other psychotropic medicines have not been recovered from his conscious possession. He further submits that petitioner has got no criminal antecedent and the Ganja recovered is less than commercial quantity and he is in custody since 26.01.2021 having no criminal antecedent.
On the other hand, learned counsel for the State submits that the Ganja which has been recovered from the possession of petitioner is more than small quantity and less than commercial quantity which attracts Section 20 of the NDPS Act. He further submits that the Ganja which has been recovered was in knowledge and control of the petitioner. Regards being had to the submissions made by the parties and taking into consideration the period of custody of the petitioner and that this is second attempt for bail and the petitioner has got no criminal antecedent, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.29158 of 2023(2) dt.17-05-2023 3/3 satisfaction of learned Sessions Judge, Araria, in connection with Narpatganj (Basmatiya OP) P.S. Case No. 53 of 2021. (Anil Kumar Sinha, J) S.Ali/- U