Mohan Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51223 of 2024 Arising Out of PS. Case No.-224 Year-2024 Thana- GHORASAHAN District- East Champaran ====================================================== Mohan Prasad Yadav son of Late Ram Bilash Prasad Yadav @ Ram Bilash Rai Village- Samanpur Ps- Kundwa Chainpur Dist- E.Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 29-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Ghorasahan (Jharokhar) P.S. Case No. 224 of 2024 registered for the offence punishable under Sections-363, 366(A)/34 of the Indian Penal Code and Section8/20(b)(ii)(B) of NDPS Act.

3. It is alleged that on the tip off, the informant reached at the place of occurrence and saw one person coming on a cycle carrying some goods in a bag from Nepal and when he was asked to stop, that person tried to flee away but on chase, he was apprehended who disclosed his name as Mohan Yadav (petitioner). On search, 1.2 kg. Ganja was recovered from the bag.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence. The petitioner has got no criminal antecedent. The petitioner has falsely

Patna High Court CR. MISC. No.51223 of 2024(2) dt.29-07-2024 2/2 been implicated in this case due to party politics. It has further been submitted that the provision of search and seizure was not adopted in the case. The recovered Ganja is less than commercial quantity. The petitioner is in custody since 10-05-2024.

5. Learned APP has opposed the prayer for bail.

6. Considering the aforesaid facts and circumstances and also the fact that the recovered Ganja is less than commercial quantity, the petitioner named above, is directed to furnish bail bond in the court below after three months from today and on doing so, the petitioner shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge/ Special Judge, East Champaran, Motihari in connection with Ghorasahan (Jharokhar) P.S. Case No. 224 of 2024 with condition that the petitioner shall cooperate with the trial of the case and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) A.K.V.//- U T