Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39659 of 2021 Arising Out of PS. Case No.-119 Year-2021 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== 1.

SANJAY YADAV Son of Late Harilal Yadav Resident of Village - Naya Tola, Jurabganj, P.S. - Kordha, District - Katihar. 2.

Randhir Yadav Son of Late Jahri Yadav Resident of Village - Naya Tola, Jurabganj, P.S. - Kordha, District - Katihar. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Union of India, Ministry of Home Affairs, Narcotics Control Bureau, Patna Zonal Unit, Bihar. Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Uma Shankar Prasad Singh, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioners have preferred this application for grant of regular bail in a case registered under sections 8, 20(b) (ii)(a) and 20(a) of the NDPS Act.

As per allegation in the FIR, Ativan tablets were recovered from the four accused persons including the two petitioners herein.

It is submitted by learned counsel for the petitioners that they are innocent and have been falsely implicated in the case. No incriminating article has been recovered from their possession. There has been complete violation of section 100(4) of the Cr.P.C. They are in custody since 19.2.2021 and have no criminal antecedent.

Patna High Court CR. MISC. No.39659 of 2021(2) dt.19-01-2022 2/2 Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case specially the petitioners not having any criminal antecedent and having remained in custody for 11 months, the Court directs the above two petitioners to be enlarged on bail in connection with Trial no. 12 of 2021 (arising out of Gopalganj Town P.S. Case no. 119 of 2021) on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge I-cum-Special Judge, NDPS, Gopalganj (Partha Sarthy, J) Prakash/- U