Shambhu Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51599 of 2024 Arising Out of PS. Case No.-104 Year-2024 Thana- JAYNAGAR District- Madhubani ====================================================== Shambhu Kumar Yadav Son Of Dev Narayan Yadav Village- Pipratol, Ward No. 5, Ps- Jainagar, Dist- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagandeo Yadav, Advocate with Mr. Ravi Prakash, Mr. Vinod Kumar, Mr. Udeshya Kumar Yadav and Mr. Rajesh Kumar, Advocates For the State :

Mr. Narendra Kumar Singh, APP ====================================================== 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. This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 8(c), 21(b) (c), 22(c) of the N.D.P.S. Act, in connection with Jaynagar P.S. Case No. 104 of 2024.

3. As per prosecution case, there has been recovery of 20 gm brown sugar, Cash of Rs. 1,29,170/- Indian currency, Cash of Rs. 1,51,050/- Nepali currency and other articles from

Patna High Court CR. MISC. No.51599 of 2024(2) dt.29-07-2024 2/3 the house of the petitioner.

4. The learned counsel for the petitioner has submitted that he has been falsely implicated in this case and has committed no offence. Petitioner has no concern with the alleged recovery of Brown Sugar. He submitted that the recovery of as alleged Brown Sugar does not come within the purview of commercial quantity as per N.D.P.S. Act. It is next submitted by petitioner's counsel that the amount which has been seized from the house of the petitioner, the same belongs to him. Moreover, petitioner is a person of clean antecedent and he is in custody since 30.04.2024.

5. Learned APP for the State has opposed the prayer of bail.

6. Considering the above facts and circumstances of the case as well as petitioner has clean antecedent, let the petitioner, above-named, 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 C.J.M., Madhubani in connection with Jaynagar P.S. Case No. 104 of 2024, subject to the condition that the petitioner shall co-operate in the disposal of trial and make himself available as and when required by the Court.

Patna High Court CR. MISC. No.51599 of 2024(2) dt.29-07-2024 3/3

7. The petitioner shall furnish his bail bonds after completion of six months in custody from today. (Nawneet Kumar Pandey, J) Arish/- U T