Ramchandra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64475 of 2021 Arising Out of PS. Case No.-3 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Saharsa ====================================================== 1.

RAMCHANDRA YADAV S/O SONELAL YADAV R/o village- Damhara, P.S.- Mansi, District- Khagaria 2.

SURAJ KUMAR S/O RAJ KUMAR SADA R/o village- Damhara, P.S.- Mansi, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-04-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek bail in a case registered for the offences punishable under Section 20(B) of the N.D.P.S. Act. Learned counsel for the petitioners submits that the petitioners are in custody since 10.06.2021, are persons with clean antecedent and prosecution report has been submitted in the case. Learned counsel for the petitioners submits that the allegation is of recovery of 6.863 kg of ganja kept in a bag on the middle seat of the motorcycle and the accused who were on the motorcycle were arrested.

Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case,

Patna High Court CR. MISC. No.64475 of 2021(3) dt.11-04-2022 2/2 nothing was recovered from their possession and even presuming what has been alleged is true, without admitting the same for the purposes of bail, the F.I.R. does not disclose with certainty that from which of the accused the recovery was made, it is also submitted that the petitioners are persons with clean antecedent and the alleged recovery is much less than the commercial quantity.

Learned A.P.P. for the State opposes the prayer for bail of the petitioners.

Considering the fact that the petitioners are in custody, prosecution report has been submitted in the case, the petitioners are persons with clean antecedent and the recovered ganza is less than the commercial quantity, let the petitioners above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Special Case No. 03 of 2021 with a condition that one of the bailors of the petitioners shall be their respective fathers, namely, Sonelal Yadav and Raj Kumar Sada.

(Satyavrat Verma, J) Rishi/- U T