Niranjan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58381 of 2021 Arising Out of PS. Case No.-380 Year-2021 Thana- NATHNAGAR District- Bhagalpur ====================================================== Niranjan Yadav Son Of Bachchu Yadav Resident Of Village - Champanala Pul, P.S. Nath Nagar, District - Bhagalpur.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Rajive Ranjan Singh For the Opposite Party/s :

Mr. Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Nath Nagar P. S. Case No.380 of 2021, instituted for the offences under Sections 20, 22 of the N.D.P.S. Act.

The learned counsel for the petitioner submits that the petitioner is in custody since 09.07.2021, he is a person with clean antecedent and charge-sheet has been submitted in the case.

Allegation is of recovery of 01 kg. of ganja from a bag kept by accused Pintu Yadav, who was in a car along with three other named accused persons. Further Rs.1,58,000/- as well as mobile phone were also seized from the accused persons.

The learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.58381 of 2021(2) dt.08-03-2022 2/2 petitioner was not arrested from the spot. His name was disclosed by Pintu Yadav, as such, no recovery of any article was made from the possession of the petitioner. It is further submitted that the confessional statement of a co-accused in police custody has no evidentiary value and the petitioner is a person with clean antecedent.

The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner is in custody, he is a person with clean antecedent, charge-sheet has been submitted in the case and was not arrested from the spot and his name was disclosed by the co-accused, the petitioner, abovenamed, is directed to be released on bail on his furnishing bailbonds 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, Bhagalpur in connection with Nath Nagar P. S. Case No.380 of 2021, N.D.P.S. Case No.41 of 2021. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T