Munna Yadav @ Munna Kumar Yadav @ Munna Prsad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27394 of 2023 Arising Out of PS. Case No.-4 Year-2023 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Munna Yadav @ Munna Kumar Yadav @ Munna Prasad Yadav Son Of Mohan Prasad Yadav Resident Of Surkhi Kal Bhatta, Near Koyala Dipo, Police Station-Barari, District-Bhagalpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-06-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with N.D.P.S. Case No. 02 of 2023 arising out of Kotwali (Barari) P.S. Case No. 04 of 2023 lodged under Sections 21(a), 22 of the N.D.P.S. Act.

As per the prosecution case, the total recovery of 1.88 Gram of Brown Sugar has been the subject matter of the present case.

Learned counsel for the petitioner submits that the said recovery has not been made from the possession of the petitioner. He also submits that petitioner has not been apprehended from the place of occurrence rather his name has figured in this case by virtue of confessional statement of

Patna High Court CR. MISC. No.27394 of 2023(3) dt.05-06-2023 2/2 apprehended accused persons.

Counsel further submits that petitioner is in custody since 04.02.2023 having clean antecedent.

Learned counsel for the State opposes the prayer for bail and submits that from the record, it transpires that petitioner has not been apprehended from the place of occurrence. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned District Judge, Bhagalpur in connection with N.D.P.S. Case No. 02 of 2023 (arising out of Kotwali (Barari) P.S. Case No. 04 of 2023), subject to the conditions as laid down under Section 437(3) of Cr.P.C. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) prakashmani/- U T