Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60567 of 2021 Arising Out of PS. Case No.-380 Year-2021 Thana- NATHNAGAR District- Bhagalpur ====================================================== 1.

Raja Kumar Son Of Pappu Yadav Resident Of Village - Pariya Bariarpur, P.S.- Bariarpur, Distt.- Munger.

2.

Govind Kumar Son Of Avdhesh Prasad Yadav Resident Of Village - Sotipul Pariya Bariarpur, P.S.- Bariarpur, Distt.- Munger. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Rajiv Kumar Singh For the Opposite Party/s :

Mr. Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-03-2022 Heard learned counsel for the petitioners and learned APP for the State through video conferencing. The petitioners seek bail in connection with Nath Nagar P. S. Case No.380 of 2021, giving rise to N.D.P.S. Case No.41 of 2021, instituted for the offences under Sections 20 and 22 of the N.D.P.S. Act.

The learned counsel for the petitioners submits that the petitioners are in custody since 09.07.2021, charge-sheet has been submitted in the case and petitioner no.1 is a person with clean antecedent and petitioner no.2 has one antecedent. Allegation is of recovery of 01 kilogram of ganja from a bag kept by the accused Pintu Yadav, who was in a car

Patna High Court CR. MISC. No.60567 of 2021(2) dt.21-03-2022 2/3 along with three 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 petitioners submits that as per the allegation, the recovery is from Pintu Yadav and he has disclosed that he had purchased the said narcotics from Niranjan Yadav, who has been granted bail by 08.03.2022 in Cr. Misc. No.58381 of 2021. It is further submitted that as far as these petitioners are concerned, against them the allegation is that mobiles were recovered from their possession. The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioners are in custody, charge-sheet has been submitted in the case, petitioner no.1 is a person with clean antecedent and narcotic was not recovered from their possession, the petitioners, above-named, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each 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, giving rise to N.D.P.S. Case No.41 of 2021.

Patna High Court CR. MISC. No.60567 of 2021(2) dt.21-03-2022 3/3 The application stands allowed.

(Satyavrat Verma, J) vikash/- U T