Kuldeep Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35933 of 2024 Arising Out of PS. Case No.-1059 Year-2023 Thana- BARACHATTI District- Gaya ====================================================== Kuldeep Yadav son of Prayag Yadav @ Pragas Yadav Resident of VillageKevaliya, PS- Barachatti Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Barachatty P.S. Case No. 1059/2023 registered for the offences punishable under Sections 17, 18, 20, 22 of the NDPS Act.

3.

Prosecution case in short is that on secret information police party raided two hotels, including the hotel of the petitioner namely, Karandip Singh Punjabi Dhaba, wherein 26 Kg Doda and 500 gram afim like substance has been recovered.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged

Patna High Court CR. MISC. No.35933 of 2024(4) dt.09-08-2024 2/3 against him and has falsely been implicated in the present case. Learned counsel for the petitioner submits that petitioner has no concern with the alleged recovered contraband substance. It is submitted that the hotel in question is run by the staff of the petitioner, and as such, petitioner was unaware of the illicit contraband kept in his hotel. Petitioner's name transpired by local villagers, who has inimical terms with him. The recovered contraband is below the commercial quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. Petitioner claims clean antecedent. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act.

5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the rival submissions made by the learned counsel for the parties, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Barachatty P.S. Case No. 1059/2023, subject to the conditions as laid down

Patna High Court CR. MISC. No.35933 of 2024(4) dt.09-08-2024 3/3 under Section 438 (2) of the Cr.P.C.

(Rudra Prakash Mishra, J) Raj Kishore/- U T