Sanjay Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59322 of 2022 Arising Out of PS. Case No.-414 Year-2022 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Sanjay Kumar Yadav Son Of Munna Yadav R/O Upartola Gwala Toli, P.S.- Jogsar, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madan Mohan For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Kotwali (Jogsar) P.S. Case No. 414 of 2022 registered for the offence punishable under sections 21(B) and 22 of the NDPS Act.

The prosecution case relates to recovery of Brown Sugar (Smack) weighing 5.14 gms along with the shiny paper from the possession of the other co-accused, Sanjay Kumar Mandal.

Learned counsel for the petitioner submits that the petitioner is innocent and committed no offence. He has falsely been implicated in this case on the basis of suspicion. The name of the petitioner came into light on the basis of the confession made by co-accused Sanjay Kumar Madal, the person who was

Patna High Court CR. MISC. No.59322 of 2022(2) dt.04-02-2023 2/2 apprehended on the spot and from whose possession the alleged recovery was made. The petitioner has no concern with the alleged recovery and neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. It is further submitted that the alleged recovery does not come under the purview of commercial quantity as per NDPS Act. The petitioner is languishing in judicial custody since 2.7.2022.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned ADJ XV, Bhagalpur in connection with Kotwali (Jogsar) P.S. Case No. 414 of 2022.

(Sunil Kumar Panwar, J) amandeep/- U T