Chandan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37343 of 2025 Arising Out of PS. Case No.-113 Year-2025 Thana- PARBATTA District- Khagaria ====================================================== Chandan Yadav S/O Mahesh Yadav @ Mahesh Kumar Yadav R/O VillageBaisa, PS- Parbatta (Maraiya OP ), District-Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Budhilal Yadav, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-09-2025 Heard learned counsel for the parties.

2. The petitioner in this application prays for bail apprehending his arrest in connection with Special Case no.11 of 2025/Parbatta (Maraiya O.P.) P.S. Case no.113 of 2025 registered for the offence punishable under section 21(c) of the N.D.P.S. Act.

3. As per the prosecution case, on information having been received and a raid being conducted, it is stated that 1180 bottles of cough syrup with codeine phosphate etc. was recovered from the closed urinal behind the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. No incriminating article has been recovered from his possession.

Patna High Court CR. MISC. No.37343 of 2025(3) dt.03-09-2025 2/2 The alleged place of recovery cannot be said to be under his exclusive control. The petitioner has no criminal antecedent and undertakes to cooperate in the investigation/trial.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the FIR, the alleged place of recovery of the cough syrup and specially the petitioner not having any criminal antecedent, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Special Case no.11 of 2025/Parbatta (Maraiya O.P.) P.S. Case no.113 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, N.D.P.S. Act, Khagaria.

7. It is however observed that in case it is discovered that the petitioner has criminal antecedent, the prosecution will be at liberty to move this Court for cancellation of his bail. (Partha Sarthy, J) Saurabh/- U T