Patna High CourtCR. MISC./30404/2024bail granted

Barmeshwar Yadav v. The State Of Bihar

2024-04-23Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30404 of 2024 Arising Out of PS. Case No.-67 Year-2024 Thana- DUMRAO District- Buxar ====================================================== Barmeshwar Yadav son of Late Gajanand Yadav village- Dumraon W.No-24, Ps- Dumraon Dist- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pravin Kumar, Advocate Mr. Kedar Jha, Advocate For the Opposite Party/s :

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Dumraon P.S. Case No. 67 of 2024, instituted for the offences under Sections 21, 22 and 27 of the NDPS Act.

3. Prosecution allegation, in short, is that 825 grams ganja has been recovered from four boxes and the petitioner was apprehended on spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner further submits that the recovered contraband is

Patna High Court CR. MISC. No.30404 of 2024(2) dt.23-04-2024 2/2 below the small quantity. The petitioner is in custody since 29.02.2024 and has got no criminal antecedent. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the recovered contraband being below the small quantity and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Dumraon P.S. Case No. 67 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T