Manoj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56396 of 2021 Arising Out of PS. Case No.-150 Year-2021 Thana- KATRA District- Muzaffarpur ====================================================== Manoj Kumar Yadav Son Of Ram Sakal Rai Resident Of Village - Pasrawa, P.S.- Gayghat, Distt.- Muzaffarpur.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Braj Kishore Singh For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-02-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with N.D.P.S. Case No.69 of 2021 arising out of Katra P. S. Case No.150 of 2021, instituted for the offences under Sections 414, 34 of the Indian Penal Code and Sections 20, 22 of the N.D.P.S. Act. The learned counsel for the petitioner submits that the petitioner is in custody since 20.06.2021, he is a person with clean antecedent and charge-sheet has been submitted in this case.

Allegation is of recovery of 850 grams of ganja from a bag alleged to be carried by the petitioner, who was sitting as pillion on the motorcycle with Ravi Kumar.

The learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.56396 of 2021(2) dt.23-02-2022 2/2 petitioner has been falsely implicated and even presuming what has been alleged, is true without admitting, then the alleged recovery is less than small quantity and it is the first offence of the petitioner.

Learned A.P.P. opposes the bail application.

Considering the fact that the petitioner is in custody, he is a person with clean antecedent and charge-sheet has been submitted in this case. It is his first offence and the recovery is less than small quantity, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Muzaffarpur in connection with N.D.P.S. Case No.69 of 2021 arising out of Katra P. S. Case No.150 of 2021, subject to condition that one of the bailors shall be the father of the petitioner namely, Ram Sakal Rai.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T