Patna High CourtCR. MISC./59497/2024bail granted

Fhulo Yadav @ Kari Yadav @ Ful Kumar Yadav v. The State Of Bihar

2024-10-26Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59497 of 2024 Arising Out of PS. Case No.-104 Year-2024 Thana- JOGBANI District- Araria ====================================================== Fhulo Yadav @ Kari Yadav @ Ful Kumar yadav son of Late Lakhan Yadav RESIDENT OF VILLAGE -BISHANPUR, WARD NO 06, PS -JOGBANI, DISTRICT- ARARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gopal Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Jogbani P.S. Case No. 104 of 2024 dated 20.05.2024 registered for the offences punishable under Sections 20(b)(II)(B)of the N.D.P.S. Act.

3. As per the prosecution case, total 1.900 Kg Ganja along with electric weight machine was recovered from the house of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The seized contraband is less than commercial quantity. The name of the petitioner has transpired in this case

Patna High Court CR. MISC. No.59497 of 2024(3) dt.26-10-2024 2/2 merely on suspicion. The petitioner has no concern with the alleged recovery. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 21.05.2024.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Session Judge-cum-Special Judge, N.D.P.S. Act, Araria in connection with Jogbani P.S. Case No. 104 of 2024, with the condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Shivam/- U T