Vishal Yadav @ Bholu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32942 of 2025 Arising Out of PS. Case No.-33 Year-2024 Thana- DIGHA District- Patna ====================================================== Vishal Yadav @ Bholu Son of Kuber Rai @ Vijay Prasad Yadav Resident of Mohalla - Haripur, Yadav Colony, Police Station - Digha, District - Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Ranjan, Adv.
For the Opposite Party/s :
Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Digha P.S. Case No. 33 of 2024 dated 16.01.2024 registered for the offences punishable under Sections 21 and 22(b) of the NDPS Act.
3. As per the prosecution case, on 16.01.2024 at about 20:45 hours, the informant received information that some people are dealing in intoxicating medicines and injections near St. Michaels' School. Upon information, when the informant along with other police personnel reached there, they saw two persons handing over two jholas to two other persons upon which all four persons were apprehended. They disclosed their
Patna High Court CR. MISC. No.32942 of 2025(2) dt.23-07-2025 2/3 names as Aman Kumar and Sujit Kumar who were handing over the jholas and the persons who were receiving the jholas as Sumit Kumar and Rohit Kumar. When they were searched, 350 pieces of Buprenorphine Injection IP Leegesic and 340 pieces of Pheniramine Maleate Injection IP Avil were recovered from the jhola which the co-accused, Aman Kumar was handing over to Sumit Kumar and 340 pieces of Buprenorphine Injection IP Leegesic and 330 pieces of Pheniramime Maleate Injection IP Avil were recovered from the jhola which the co-accused Sujit Kumar was handing over to Rohit Kumar. It is further alleged that the apprehended co-accused persons disclosed that the alleged mastermind of the racket is the petitioner. They were supplied with the said contraband by one Karu with whom they came in touch through one Ronny Paswan.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has sprung up in the confessional statement of the co-accused, Rohit Kumar, who has been granted regular bail by this Court vide order dated 26.06.2024 passed in Cr. Misc. No. 42515 of 2024. As per the seizure list no contraband material was recovered from the conscious possession of the petitioner rather the said contraband was recovered near St. Michael School, North Side Road. There
Patna High Court CR. MISC. No.32942 of 2025(2) dt.23-07-2025 3/3 is general and omnibus allegation against the petitioner. The petitioner has no concern with the alleged offence. The petitioner has three criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 24.01.2025.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the petitioner is the mastermind of the said offence.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge NDPS-I, Patna in connection with Digha P.S. Case No. 33 of 2024, with a condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) shivam/- U T