Shree Bhagwan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36615 of 2023 Arising Out of PS. Case No.-238 Year-2023 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Shree Bhagwan Yadav S/o Chandrama Yadav @ Chandrama Chaudhari, R/o Village- Jagiri Tola, P.S- Yadopur, Distt.- Gopalganj. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Javed Aslam, Adv.

For the Opposite Party/s :

Mr. Zainul Abedin, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-06-2023 Let the defect(s), if any, be removed within two weeks from today.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner seeks regular bail in connection with Gopalganj (Town) P.S. Case No.238 of 2023 dated 01.04.2023, lodged under Sections 8/20(b)(ii)(a) of the N.D.P.S. Act.

4. As per prosecution case, the recovery of 115.4 gram of Ganja is the subject matter of the present case out of which 39.30 gram of Ganja has been recovered from the possession of petitioner.

5. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that 39.30 gram of Ganja like material has alleged to be

Patna High Court CR. MISC. No.36615 of 2023(2) dt.24-06-2023 2/2 recovered from the possession of petitioner which has been sent for F.S.L. He also submits that antecedent of petitioner is clean and he is in custody since 02.04.2023. He further submits that as per the N.D.P.S. Act the recovered 39.30 gram Ganja is below than the small quantity.

6. Learned counsel for the State opposes the prayer for bail but accepts that the recovered Ganja is below than the small quantity.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned District & Sessions Judge, Gopalganj in connection with Gopalganj (Town) P.S. Case No.238 of 2023, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

8. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) Ritik/- U T