Ajay Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66403 of 2022 Arising Out of PS. Case No.-646 Year-2022 Thana- FORBESGANJ District- Araria ====================================================== AJAY KUMAR YADAV S/O MAHENDRA YADAV @ MAHENDRA PRASAD YADAV R/V- Bhatgama, Ward No. 06, P.S- Bhargama, Dist- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Yadav, Adv.

For the Opposite Party/s :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 20-06-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail, who is in custody since 25.06.2022 in connection with Forbesganj P.S. Case No. 646/2022, F.I.R. dated 24.06.2022, for the offences punishable under Sections 8/20 (b) (ii)© of the NDPS Act & Sections 25(1-b) A/26 and 35 of the Arms Act.

According to prosecution case, altogether 30 Kgs of Ganja has been recovered from a vehicle in which four co-accused persons, namely Shyam Sunder Kumar Yadav, Mukesh Kumar Mehta, Pintu Kumar and Vivek Kumar @ Bikash Kumar, Khilanand were travelling. There is also recovery of arms and ammunition apart from mobile phones from these accused persons. Learned counsel for the petitioner submits that petitioner

Patna High Court CR. MISC. No.66403 of 2022(5) dt.20-06-2023 2/3 has falsely been implicated in the present case only on the basis of confessional statement of the co-accused, namely, Shyam Sunder Yadav @ Pauwa. He further submits that nothing has been recovered from conscious possession or the house of the petitioner and the petitioner has no concern at all with the alleged recovery or with the alleged occurrence and similarly situated co-accused, namely, Manish Kumar @ Manish Darvay, who was also not arrested on the spot has been granted bail by a co-ordinate Bench of this Court vide order dated 16.12.2022 passed in Cr. Misc. No. 55421/2022. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 25.06.2022.

Learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner on the ground that the petitioner carries two criminal antecedent other than the present one.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cumSpecial Judge, Araria in connection with Forbesganj P.S. Case No. 646/2022, corresponding to Special case No. 19/2022, subject to the following conditions:-

Patna High Court CR. MISC. No.66403 of 2022(5) dt.20-06-2023 3/3

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) amit/- U T