Lalan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43479 of 2023 Arising Out of PS. Case No.-998 Year-2021 Thana- KHAGARIA District- Khagaria ====================================================== Lalan Yadav Son Of Visheshwar Yadav @ Vindeshwari Yadav Resident Of Vilage- Jangali Mandal Tola, Ps- Mufassil, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== 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 bail in a case registered for the offence punishable under sections 20 and 22 of the NDPS Act.

As per allegation in the FIR, police intercepted the two accused persons who were riding on motorcycle. One accused person managed to escape who was driving the motorcycle and a lady who was sitting behind was arrested, who disclosed her name as Ranjo Devi and on search 7.200 kg ganja like substance from one bag and 7.100 kg ganja like substance from another bag were recovered Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Co-accused Ranju Devi was apprehended on spot, who disclosed the name of the petitioner. He has been falsely

Patna High Court CR. MISC. No.43479 of 2023(2) dt.21-07-2023 2/2 implicated in this Case. No local person was made as a witness of the seizure list rather seizure list witnesses are police personnel. There is complete violation of provision of Section 50 of the NDPS Act. The recovered article comes below the commercial quantity. Co-accused Ranjo Devi has already been enlarged on bail by another coordinate Bench of this Court vide order dated 7.12.2022 passed in Cr. Misc. No. 68935 of 2022. Petitioner has got no criminal antecedent and languishing in judicial custody since 13.02.2023.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge Vth-cum-Spl. Judge NDPS Khagaria in connection with Muffasil PS Case No. 998 of 2021. (Sunil Kumar Panwar, J) sushma/- U