← Library
Patna High CourtCR. MISC./35751/2023rejected

Manoj Singh Yadav @ Manoj Singh @ Manoj Yadav v. The State Of Bihar

2023-10-10Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 35751 of 2023 Arising Out of PS. Case No.-93 Year-2023 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== MANOJ SINGH YADAV @ MANOJ SINGH @ MANOJ YADAV S/O LATE SIYARAM YADAV @ SIYARAM SINGH YADAV R/V- Babhnauli, P.S- Sangipur, Distt.- Gazipur (U.P.).

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 39729 of 2023 Arising Out of PS. Case No.-93 Year-2023 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== CHANDRAJEET YADAV Son of Shyam Narayan Yadav Resident of village - Sarai Mohamadpur, P.S. - Karanda, Distt. - Gazipur (U.P) ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 35751 of 2023) For the Petitioner/s :

Mr.Chandra Mohan Jha For the Opposite Party/s :

Mr.Raj Ballabh Singh (In CRIMINAL MISCELLANEOUS No. 39729 of 2023) For the Petitioner/s :

Mr.Chandra Mohan Jha For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-10-2023 Heard learned counsel for the petitioners, learned counsel for the N.C.B. and learned APP for the State. The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 8(c), 21(c), 22, 27(A) and 29 of the NDPS Act.

As per FIR, the petitioners were apprehended on the spot and upon search total 510 grams brown sugar like substance was recovered from a motorcycle.

Patna High Court CR. MISC. No. 35751 of 2023(4) dt.10-10-2023 2/2 Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case. The petitioners have no concern with the alleged recovery they have got no criminal antecedent. It is further submitted that the petitioners are languishing in judicial custody since 12.04.2023. Learned APP appearing for the state has vehemently opposed the prayer of regular bail and submitted that the recovery of heroin from the motorcycle is alleged to be 510 grams which is much more than commercial quantity as per N.D.P.S. Act. The petitioners were also apprehended on spot with the alleged heroin like substance.

Having heard the learned counsel for the parties and considering the fact and gravity of the offence, this court is not inclined to enlarge the petitioners on bail and, as such, their prayer for bail stands rejected.

The trial Court is directed to expedite the trial and conclude the same as soon as possible.

(Sunil Kumar Panwar, J) Manishkr/- U T