Manoj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38059 of 2021 Arising Out of PS. Case No.-521 Year-2020 Thana- BRAHMPUR District- Buxar ====================================================== MANOJ YADAV S/O PRADESH YADAV RESIDENT OF VILLAGECHAUGAIN, POLICE STATION-MURAR, DISTRICT BUXAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suraj Deo Singh, Adv For the Opposite Party/s :

Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-01-2022 Heard Mr. Suraj Deo Singh, learned counsel for the petitioner and Mr. Md. Ataur Rahman, Additional Public Prosecutor for the State through video conferencing. Petitioner seeks regular bail in connection with Brahampur PS (Krishna Braham) Case No. 521/2020 registered for the offence punishable under Sections 412, 413, 414 of the IPC, Section 25(1-b)9/26/35 of the Arms Act and Section 20(II) 22, 25 of the NDPS Act, 1985.

The police intercepted a motorcycle, in which petitioner was sitting as pillion rider, and recovered two live cartridges from the possession of petitioner and also recovered 1 KG and 600 grams of Ganja which was hanging on the handle of the said motorcycle being driven by the co-accused, Manish @ Mangaru Kamkar.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he has falsely implicated in this case mainly because he was sitting on the

Patna High Court CR. MISC. No.38059 of 2021(2) dt.07-01-2022 2/2 motorcycle as pillion rider. He next submits that petitioner has taken lift on the motorcycle in question and he was not aware about the Ganja being kept in the bag.

Learned counsel further submits that the said Ganja has not been recovered from the possession of the petitioner and the same is of small quantity. Learned counsel next submits that petitioner is in custody since 28.09.2020 having no criminal antecedent.

Regards being had to the submissions made by the parties and taking into consideration the material on record, nature of allegation and the fact that petitioner is in custody since 28.09.2020 having no criminal antecedent and the chargesheet has been submitted, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, MANOJ YADAV be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned ADJ-III, Buxar in connection with Brahampur PS (Krishna Braham) Case No. 521/2020. (Anil Kumar Sinha, J) perwez U T