Mithilesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46011 of 2024 Arising Out of PS. Case No.-41 Year-2024 Thana- MOTIPUR District- Muzaffarpur ====================================================== Mithilesh Kumar Yadav S/o Late Dinanath Prasad Yadav @ Dinnath Ray R/o Village-Chapra aas, P.S.-Paroo, District-Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Soni Kumari For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection withNDPS Case No. 66 of 2024 arising out of Motipur P.S. Case No. 41 of 2024 dated 17.02.2024 registered for the offence/s punishable u/ss 399, 402, 414 of the Indian Penal Code, 25(1-B)a, 26, 35 of the Arms Act and 8(C) 21(b) of the NDPS Act.

3. As per the prosecution case, a magazine fitted pistol with four live cartridges and 9.260 grams smack were recovered from the possession of the petitioner.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.46011 of 2024(2) dt.29-08-2024 2/3 that the petitioner is innocent and has falsely been implicated in this case. The seized contraband is less than commercial quantity. The other co-accused person has already been granted bail by this court vide order dated 09.07.2024 passed in Cr. Misc. No.43813/2024. The petitioner has nine criminal antecedents and he is on bail in all the aforesaid cases as stated in para 3 of the bail petition. The petitioner is in custody since 18.02.2024

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

6.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, 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, Muzaffarpur in connection with NDPS Case No. 66 of 2024 arising out of Motipur P.S. Case No. 41 of 2024, with the condition:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without

Patna High Court CR. MISC. No.46011 of 2024(2) dt.29-08-2024 3/3 reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

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