Patna High CourtCR. MISC./40734/2021bail rejected

Raj Kishore Prasad Yadav @ Raj Kishore Yadav v. The State Of Bihar

2021-10-08Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40734 of 2021 Arising Out of PS. Case No.-305 Year-2021 Thana- ARA NAGAR District- Bhojpur ====================================================== RAJ KISHORE PRASAD YADAV @ RAJ KISHORE YADAV S/O LATE RAM CHANDRA PRASAD R/O VILLAGE-DHARHARA, P.S-ARA TOWN, DISTRICT-BHOJPUR.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-10-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 18, 20, 21(i) of the NDPS Act.

As per the prosecution case, 1.400 kg Ganja has been recovered from the possession of the petitioner. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. No incriminating article has been recovered from the conscious possession of the petitioner and he is no way concerned with the alleged recovery. It is submitted that mandatory provision of search and seizure has not been followed and since the recovery of Ganja is less than

Patna High Court CR. MISC. No.40734 of 2021(2) dt.08-10-2021 2/2 commercial quantity the rigours of Section 37 of NDPS Act could not be attracted. Petitioner is in custody since 21.04.2021. Learned counsel appearing for the State opposes the prayer for bail and submits that petitioner has got criminal antecedent.

Considering the facts of the case and the nature of accusation against this petitioner, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. However, once charge is framed and trial commences, the petitioner, shall be released on bail by the trial court to its own satisfaction on the condition that the petitioner will co-operate in the trial.

(Prabhat Kumar Singh, J) BKS/- U T