Rohin Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1973 of 2021 Arising Out of PS. Case No.-66 Year-2020 Thana- ADHAOURA District- Kaimur (Bhabua) ====================================================== Rohin Yadav aged about 42 years Son Of Late Kamta Yadav Resident Of Village - Badwan Kala , P.S. - Adhoura, District - Kaimur At Bhabua ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Tribhuwan Narayan, Advocate For the Opposite Party/s :

Mr.Anil Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-03-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and the State. The petitioner seeks regular bail in a case registered for the offence punishable under sections 8, 20/22 of the NDPS Act.

As per the prosecution case, 2.100 kilograms Ganja was recovered from the house of the petitioner. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner and the recovery is from the joint family house. It is further submitted that alleged recovery is much less than the commercial quantity. Charge sheet has already been submitted. Petitioner has got clean antecedent as stated in paragraph 3 of the bail petition. Petitioner is in custody since 29.08.2020. The mandatory provision of search and seizure given under

Patna High Court CR. MISC. No.1973 of 2021(2) dt.08-03-2021 2/2 the NDPS Act has not been followed.

In the facts of the case, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sessions Judge cum Special Judge Kaimur at Bhabua in NDPS Case No. 31 of 2020/ Kudra Police Station Case No. 66 of 2020 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T