Jajal Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57860 of 2022 Arising Out of PS. Case No.-15 Year-2022 Thana- NADI P.S. District- Bhagalpur ====================================================== Jajal Yadav Son Of Late Jyotish Yadav Resident Of Village- Navtolia, P.S.- Jhandapur, District- Bhagalpur ... ... Petitioner/S
Versus
The State Of Bihar .. ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajive Ranjan Singh For the Opposite Party/s :
Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-02-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 414 of the Indian Penal Code, Section 25(1-A)(1-AA), 25(1-b)A, 26, 35 of Arms Act and Section 8(c), 21(a) of N.D.P.S. Act.
There is recovery of 1 gram smack like narcotics substance, one loaded country made pistol and one mobile from the possession of the petitioner.
It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. The recovered smack is lesser than commercial quantity as per N.D.P.S. Act. Moreover, the
Patna High Court CR. MISC. No.57860 of 2022(3) dt.23-02-2023 2/2 petitioner is languishing in judicial custody since 30.4.2022. Similarly situated co-accused person has been granted Bail vide order dated 16.12.2022, passed in Cr. Misc. No. 55929 of 2022 by the co-ordinate Bench of this Court. Learned APP appearing for the State has vehemently opposed the prayer for Bail.
Having heard learned counsel for the parties and taking into consideration the facts and period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Nadi P.S. Case No. 15 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned District & Sessions Judge, Bhagalpur. (Sunil Kumar Panwar, J) nirajkrs/- U T