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Patna High CourtCR. MISC./38296/2024bail rejected

Mohan Kumar Yadav v. The State Of Bihar

2024-07-31Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38296 of 2024 Arising Out of PS. Case No.-57 Year-2022 Thana- AURAI District- Muzaffarpur ====================================================== Mohan Kumar Yadav S/O Ram Kalewar Yadav @ Ram Khelawan Yadav @ Kalabar Yadev R/O Village- Madhopur, P.S- Aurai, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gyan Prakash, Advocate Mrs. Parul Priya, Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 31-07-2024 Heard learned counsel for the petitioner and learned counsel for the State are present.

2. The petitioner seeks regular bail in connection with N.D.P.S. Case No. 113 of 2022 arising out of Aurai P.S. Case No. 57 of 2022 dated 17.03.2022 lodged under Sections 20 and 22 of the N.D.P.S. Act.

3. Learned counsel for the petitioner submits that the prayer for bail of the petitioner has earlier been rejected twice vide order dated 02.11.2022 passed in Cr. Misc. No. 42201 of 2022 and vide order dated 02.08.2023 passed in Cr. Misc. No. 37157 of 2023. He further submits that antecedent of the petitioner is clean, whereas other co-accused has been granted bail vide order dated 02.01.2024 passed in Cr. Misc. No. 53786

Patna High Court CR. MISC. No.38296 of 2024(3) dt.31-07-2024 2/2 of 2023.

4. Learned counsel for the State opposes the prayer for bail and submits that on earlier occasion, a report with regard to the present stage of the case has been called for.

5. It has been acknowledged in the ordersheet that 83.300 kg. ganja has been recovered which is more than the commercial quantity, therefore, this court is not inclined to grant bail to the petitioner.

6. The prayer for bail of the petitioner is hereby rejected again.

(Dr. Anshuman, J.) Ashwini/Aman/- U T