Darshan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36597 of 2019 Arising Out of PS. Case No.-18 Year-2019 Thana- BHITAHA District- West Champaran ====================================================== DARSHAN YADAV Son of Kisuni Yadav Resident of Rupahi Yadav Tola, P.S.- Bhitaha, District- West Champaran.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

The Union of India Through Zonal Director Narcotic Control Bureau, Patna. .

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Shantanu Kumar For U.O.I.

:

Ms. Shail Kumari CGS ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-08-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Bhitaha P. S. Case No. 18 of 2019 instituted for the offence under Section(s) 20(b)(ii)(B) of the NDPS Act.

Learned counsel for petitioner submits that there is no recovery of any narcotic drugs from possession of this petitioner. Seizure list is part of the FIR, from which it appears that seizure has been made from the main road near primary school Pali Tolla. The petitioner has been made accused merely on suspicion In the written report, it is alleged that police got confidential information that some unknown persons are coming with ganja on motorcycle. The informant along with raiding party

Patna High Court CR. MISC. No.36597 of 2019(3) dt.09-08-2019 2/2 arrived at the place of occurrence and apprehended the person. On interrogation, he disclosed his name as Darshan Yadav (petitioner). The police recovered 5 kg of ganja in white colour plastic bag from his possession.

From perusal of the seizure list, it appears that there is no recovery of any contraband article from conscious possession of petitioner. The recovery has been made from main road. Petitioner is in custody since 13.3.2019 having no criminal antecedent.

Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Sessions Judge, Bettiah, West Champaran in connection with Bhitaha P. S. Case No. 18 of 2019 subject to the condition that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) shyambihari/- U T