Mannu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49635 of 2025 Arising Out of PS. Case No.-22 Year-2025 Thana- JAYNAGAR District- Madhubani ====================================================== Mannu Yadav S/O Late Raushan Yadav Resident of Naya Tola Jurabganj, P.S.- Korha, Dist.- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Kumar Anand, Advocate For the Opposite Party/s :

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with GR(NDPS) Case No. 7 of 2025 arising out of Jaynagar P.S. Case No. 22 of 2025 instituted for the offences under Sections 317(4), 317(5), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 8(c), 21(b), 21(c) of the N.D.P.S. Act.

3. Prosecution case, in short, is that total 20 grams of brown sugar has been recovered in this case from two accused persons.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is in custody since 25.01.2025 and has seven criminal

Patna High Court CR. MISC. No.49635 of 2025(2) dt.05-08-2025 2/3 antecedents. There is no allegation of tampering of witnesses alleged against the petitioner. No incriminating material has been recovered from the conscious possession of the petitioner. The recovered contraband is below commercial quantity, and hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, recovered contraband being less than commercial quantity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with GR(NDPS) Case No. 7 of 2025 arising out of Jaynagar P.S. Case No. 22 of 2025, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date

Patna High Court CR. MISC. No.49635 of 2025(2) dt.05-08-2025 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Alok Verma/- U T