Patna High CourtCR. MISC./35015/2024bail granted

Arvind Yadav @ Arvind Kumar v. The State Of Bihar

2024-05-08Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35015 of 2024 Arising Out of PS. Case No.-1059 Year-2023 Thana- BARACHATTI District- Gaya ====================================================== Arvind Yadav @ Arvind Kumar son of Chathuri Yadav Resident of VillageTulbul Ps- Rajpur Dist- Chatra Jharkhand ... ... 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 08-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Barachatti (Mohanpur) P.S. case No. 1059 of 2023 instituted for the offences under Sections 17, 18, 20 and 22 of the N.D.P.S. Act.

3. Prosecution allegation, in short, is that the police seized 22 kg doda and 600 gram ganja from a Dhaba.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is in custody since 13.01.2024 and has got no criminal antecedent. The petitioner is not named in the F.I.R. The name of the petitioner has come in course of investigation at the instance of police. Charge-sheet has been

Patna High Court CR. MISC. No.35015 of 2024(2) dt.08-05-2024 2/2 submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. 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. 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 period of custody undergone by the petitioner and the recovered contraband below commercial quantity, 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 Barachatti (Mohanpur) P.S. case No. 1059 of 2023.

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