Shivraj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54863 of 2024 Arising Out of PS. Case No.-29 Year-2024 Thana- Bankebazar District- Gaya ====================================================== Shivraj Yadav Son of Late Ramdev Yadav Resident of Village- Chanetha, P.S.- Bankebazar, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-11-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Bankebazar P.S. Case No. 29 of 2024 instituted for the offences under Sections 20 & 22 of the NDPS Act.

3.

Prosecution allegation, in short, is that there is recovery of 1.204 Kg of Affim from the possession of the petitioner.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner further submits that petitioner has no concern with

Patna High Court CR. MISC. No.54863 of 2024(3) dt.13-11-2024 2/2 the recovered contraband. The recovered contraband is below the commercial quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. The petitioner is in custody since 24-04-2024 and has got no criminal antecedent. 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. Paragraph No. 11 & 12 of the case diary is the statement of the seizure list witness, who have supported the prosecution case. 6.

Considering the aforesaid facts and circumstances of the case, recovery below commercial quantity and 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 Bankebazar P.S. Case No. 29 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T