Patna High CourtCR. MISC./63053/2025bail granted

Birju Yadav v. The State Of Bihar

2025-09-16Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63053 of 2025 Arising Out of PS. Case No.-71 Year-2025 Thana- DHANGAI District- Gaya ====================================================== Birju Yadav S/o Late Reva Yadav R/o Village- Amukhap, P.S.- Dhangai, District- Gaya, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar, Adv.

For the Opposite Party/s :

Mr.Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-09-2025 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 Dhangai P.S. Case No. 71 of 2025 dated 06.07.2023 registered for the offences punishable u/ss 18, 20 and 22 of the N.D.P.S. Act.

3. As per the prosecution case, the informant got information that purchasing and selling of doda is going on at the house of the co-accused, Kamlesh Singh Bhokta then the informant and the other police official reached the place of occurrence. On seeing police, two accused persons tried to flee away but they were caught. On interrogation, they disclosed their name as Kamlesh Singh Bhokta and Birju Yadav

Patna High Court CR. MISC. No.63053 of 2025(2) dt.16-09-2025 2/3 (petitioner). On search, total 76.900 Kg. of doda was recovered from the house of the co-accused, Kamlesh Singh Bhokta.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery rather the recovery has been made from the house of the co-accused, Kamlesh Singh Bhokta. The petitioner has two criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 06.07.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the recovery of doda is 76.900 Kg. and the said contraband is more than the commercial quantity.

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, Gayaji in connection with Dhangai P.S. Case No. 71 of 2025, with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which

Patna High Court CR. MISC. No.63053 of 2025(2) dt.16-09-2025 3/3 on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

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