Patna High CourtCR. MISC./65059/2023bail granted

Manoj Yadav v. The State Of Bihar

2023-10-12Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65059 of 2023 Arising Out of PS. Case No.-468 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== MANOJ YADAV, Son of Lal Bahadhur Rai, R/o vill - Semra Tola Mishwa, P.S. - Turkauliya, Distt. - East Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhannjay Kumar No 2, Advocate For the Opposite Party/s :

Mr.Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-10-2023 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with N.D.P.S. Case (Pre-trail) arising out of Motihari Muffasil P.S. Case No. 468 of 2023 dated 03.07.2023 registered for the offences punishable u/ss 20(b)(ii)(B), 23 and 25 of the N.D.P.S. Act.

3. As per the prosecution case, the petitioner was apprehended by the police party and S.S.B. team while he was coming from Nepal on motorcycle. On search, 13.60 Kg. Ganja was recovered from the possession of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.65059 of 2023(2) dt.12-10-2023 2/2 this case. Nothing has been recovered from the conscious possession of the petitioner and the petitioner has no concern with the alleged recovery. It is further submitted that the seized contraband is less than the commercial quantity. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 04.07.2023.

5. Learned A.P.P. for the State has vehemently 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 Court concerned, East Champaran in connection with N.D.P.S. Case (Pre-Trial) arising out of Motihari Muffasil P.S. Case No. 468 of 2023.

7. The application stands allowed.

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