Brijnandan Yadav @ Birje Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48781 of 2021 Arising Out of PS. Case No.-55 Year-2021 Thana- MANPUR District- Nalanda ====================================================== BRIJNANDAN YADAV @ BIRJE YADAV Son of Late Ramji Gop Resident of Village - Bahuara, P.S.- Manpur, District - Nalanda. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Union of India, Through Zonal Director, Narcotics Control Bureau. Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Bardhan Pandey For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 08-04-2022 Heard the parties through video conferencing. Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. Petitioner, who is in custody since 12.04.2021, seeks regular bail in connection with NDPS Case No. 11 of 2021 arising out of Manpur P.S. Case No. 55 of 2021 dated 12.04.2021 registered for offences punishable under Sections 379/34 of the Indian Penal Code and Section 25(1)(b), 26, 35 of the Arms Act.

Prosecution story in brief is that one empty cartridge

Patna High Court CR. MISC. No.48781 of 2021(2) dt.08-04-2022 2/3 and one live cartridge were recovered from the pocket of the petitioner.

Learned counsel appearing on behalf of the petitioner submits that the Ganja (cannabis) has been recovered from the possession of one Sundar Yadav and in this respect he has made a specific statement in paragraph no. 5 of the bail application. Petitioner is old man, aged about 71 years. Petitioner has no criminal antecedent and he is in custody since 12.04.2021. Learned A.P.P., for the State has opposed the prayer for grant of bail to the petitioner.

Considering the nature of allegation made against the petitioner, petitioner is an old man, aged about 71 years and he is in custody since 12.04.2021, without going into the merits of the case, the petitioner above named, is directed to be enlarged on bail upon furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned ADJ-I cum-Special Judge, Biharsharif, Nalanda in connection with NDPS Case No. 11 of 2021 arising out of Manpur P.S. Case No. 55 of 2021 dated 12.04.2021 subject to the following conditions: (i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court

Patna High Court CR. MISC. No.48781 of 2021(2) dt.08-04-2022 3/3 concerned.

(ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (iii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (iv) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bond.

The Court below is directed to verify the age of the petitioner at the time of furnishing of bail bonds. (Purnendu Singh, J) Niraj/- U T