Amresh Yadav @ Amresh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56188 of 2024 Arising Out of PS. Case No.-34 Year-2024 Thana- JHANJHARPUR District- Madhubani ====================================================== Amresh Yadav @ Amresh Kumar son of Upendra Yadav R/o- Baluwa PsLaukahi Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-09-2024 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 8, 20(b)(ii)(c), 25, 29 of the Narcotic Drugs and Psychotropic Substances Act.

3. As per prosecution case, co-accused Rampukar Yadav was apprehended by local police while he was carrying Ganja in Scorpio and he disclosed that the Ganja belongs to this petitioner and he was going to deliver the same to petitioner.

4. Learned counsel for the petitioner submits that no incriminating material has been recovered from conscious possession of the petitioner and he has been made accused only on the basis of confessional statement of co-accused who was apprehended on the spot. Petitioner is neither driver nor owner

Patna High Court CR. MISC. No.56188 of 2024(2) dt.09-09-2024 2/2 of the vehicle in question. Petitioner has got no criminal antecedent of similar nature.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged 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 Additional District Judge, 4th, Madhubani in connection with Jhanjharpur P. S. Case No. 34 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T