Patna High CourtCR. MISC./42916/2024bail granted

Jogendra Yadav @ Yogendra Yadav @ Yogendra v. The State Of Bihar

2024-07-01Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42916 of 2024 Arising Out of PS. Case No.-83 Year-2024 Thana- LADANIA District- Madhubani ====================================================== Jogendra Yadav @ Yogendra Yadav @ Yogendra S/o Late Mahaveer Yadav R/o Village-Sitapur, P.S.-Sitapur, District-Sirha (Nepal). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagandeo Yadav Mr. Ravi Prakash, Advocates For the Opposite Party/s :

Mr. Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. Learned counsel for the petitioner is permitted to make necessary correction in paragraph no. 4 of the petition during course of the day.

3. The petitioner has preferred this application for grant of regular bail in connection with Ladaniya P.S. Case No. 83/2024, G.R. No. 22/2024, dated 01.04.2024 registered for the offences punishable under sections 20/22/23 of the N.D.P.S. Act.

4. As per the prosecution case, total 98 kg. ganja, Rs. 14,500/- Nepali rupees and Rs. 150/- Indian rupees were recovered from the possession of the petitioner.

5. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.42916 of 2024(2) dt.01-07-2024 2/3 that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. As per the F.I.R., the recovery has been made from the possession of the petitioner but as per the seizure list, the alleged recovery has been made from the premises of Ladaniya thana which creates doubt upon the prosecution case. The petitioner has clean antecedent as stated in para 3 of the bail petition. The seized contraband is commercial quantity. The petitioner is in custody since 02.04.2024.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Madhubani in connection with Ladaniya P.S. Case No. 83/2024, G.R. No. 22/2024, with a condition: (i) The petitioner is directed to remain physically present before the learned Court below on each and every date,

Patna High Court CR. MISC. No.42916 of 2024(2) dt.01-07-2024 3/3 failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

8. The application stands allowed.

(Chandra Prakash Singh, J) Ranjeet/- U T