Udai Yadav @ Uday Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27298 of 2018 Arising Out of PS. Case No.-493 Year-2017 Thana- FATUHA District- Patna ====================================================== Udai Yadav @ Uday Yadav, Son of Janardan Yadav @ Jano Yadav, Resident of Village- Chhaprawar Megha Gacchi, P.S.- Pandarak, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Javed Aslam For the Opposite Party/s :

Mr. Sri Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-07-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Fatuha P.S. Case No. 493 of 2017, registered for the offence punishable under Sections 20 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The allegation in the present case is regarding recovery of 500 gram of charas from the possession of the petitioner. The learned senior counsel for the petitioner submits that the said quantity of charas recovered from the petitioner, does not come under the category of commercial quantity as far as the appendix to the N.D.P.S. Act, 1985 is concerned. Now, coming to the second aspect i.e. the petitioner having a very bad criminal antecedent inasmuch as he is an accused in 13 more

Patna High Court Cr.Misc. No.27298 of 2018(3) dt.09-07-2018 2/2 cases, the learned senior counsel, upon instructions, submits that the petitioner is ready to deposit a sum of Rs. 1,50,000/-(one lakh fifty thousand), subject to the result of this case, for the purposes of grant of regular bail.

Having regard to the facts and circumstances of the case, I direct the petitioner to deposit a sum of Rs. 1,50,000/- (one lakh fifty thousand) before the Nazarat of the concerned court and upon showing the receipt of deposit of the said amount, the petitioner would be released on regular bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IIIrd -cum-Special Judge, C.B.I.-II, Patna in connection with Fatuha P.S. Case No. 493 of 2017, subject to such other conditions as may be imposed by the learned trial court.

The present petition is disposed of.

(Mohit Kumar Shah, J) ajay gupta/- U T