Uday Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45177 of 2022 Arising Out of PS. Case No.-266 Year-2020 Thana- KURTHA District- Jehanabad ====================================================== 1.

UDAY YADAV Son of Late Ramdeo Yadav Resident of Village - Bala Bazar, P.S.- Kurtha Manikpur (OP), District - Arwal. 2.

Bacchu Yadav @ Ram Pravesh Yadav Son of Late Shyamacharan Yadav Resident of Village - Bala Bazar, P.S.- Kurtha Manikpur (OP), District - Arwal.

3.

Umesh Yadav Son of Late Shyamacharan Yadav Resident of Village - Bala Bazar, P.S.- Kurtha Manikpur (OP), District - Arwal. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-01-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioner has prayed for bail in a case instituted for the offence punishable under Sections 20(i) of the N.D.P.S. Act.

As per allegation in the FIR, green plants of cannabis (Ganja) were found, which were planted behind the house of accused persons.

It is submitted by learned counsel for the petitioners that petitioners are innocent and have been

Patna High Court CR. MISC. No.45177 of 2022(3) dt.10-01-2023 2/2 falsely implicated in this case. From where the cannabis plants were recovered, it is a government land and people used to throw their waste in it and plants is not grown by accused persons rather it is grown on its own. Petitioners are languishing in judicial custody since 01.07.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Jehanabad in connection with N.D.P.S. Case No. 18/2020 arising out of Kurtha (Manikpur) P.S. Case No. 266 of 2020.

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