Rajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43494 of 2023 Arising Out of PS. Case No.-12 Year-2023 Thana- INARWA District- West Champaran ====================================================== Rajesh Yadav S/O Sri Hira Yadav R/O Village- Jhalmahiya, Ps. Langadi, Dist. Parsa (NEPAL) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 20(b) (ii) (B), 23(b) and 29 of the NDPS Act.

Prosecution case in short, is that, the police personnel seized total 5.800kg ganja like narcotics substance from the two bags which were being kept on pulsar motorcycle and this petitioner has been arrested by the police after he was trying to flee.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. It is further submitted that nothing incriminating article has been recovered from the conscious possession of the petitioner and also he has

Patna High Court CR. MISC. No.43494 of 2023(2) dt.21-07-2023 2/2 no concern with the seized ganja like narcotics substance. It is also submitted that the seized ganja does not come within the purview of commercial quantity as per NDPS Act. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 09.02.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Inarwa P.S. Case No. 12 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum-the Special Judge, NDPS Act, West Champaran at Bettiah.

(Sunil Kumar Panwar, J) Shubham/- U T