Patna High CourtCR. MISC./35425/2025bail granted

Basant Yadav @ Bashant Yadav v. The State Of Bihar

2025-06-11Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35425 of 2025 Arising Out of PS. Case No.-98 Year-2024 Thana- Maghopur District- Gopalganj ====================================================== Basant Yadav @ Bashant Yadav S/o Late Birendra Yadav R/o Village- Mira Tola Bazar, P.S.- Baikujnthpur, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Naresh Prasad, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-06-2025

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Madhopur P.S. Case no.98 of 2024 registered under sections 8, 21(a) and 22(a) of the N.D.P.S. Act.

3. As per the prosecution case, 1 gram of smack was recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that no incriminating article has been recovered from the petitioner's possession who has been falsely implicated in the case. As per the prosecution case 1.45 grams of smack was recovered from the possession of co-accused Sumit Giri who has been enlarged on bail vide order dated 16.4.2025 (Annexure-P/2) passes in Cr. Misc. no.17980 of 2025. The petitioner is in custody since

Patna High Court CR. MISC. No.35425 of 2025(2) dt.11-06-2025 2/2 24.12.2024 and his case stands on a similar footing to that of the co-accused. The petitioner has no criminal antecedent.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R., grant of bail to similarly situated co-accused vide aforesaid order dated 16.4.2025, the petitioner having remained in custody for over 5 months since 24.12.2024, not having any criminal antecedent and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Madhopur P.S. Case no.98 of 2024, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Principal Sessions Judge, Gopalganj.

(Partha Sarthy, J) avinash/- U T