Narad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61469 of 2022 Arising Out of PS. Case No.-296 Year-2021 Thana- NAUTAN District- West Champaran ====================================================== NARAD YADAV S/O PUNDEO YADAV @ PUNEYDEO YADAV R/vBaira Parsauni, P.S.- Nautan, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anant Kumar Mishra For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 23-03-2023 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Trial No. 20 of 2022 arising out of Nautan P.S. Case No. 296 of 2021, registered for the offences punishable under Sections 413, 414 of the Indian Penal Code and Sections 20(b) (ii)(c), 22(c), 23(c), 27(b) and 29 of the N.D.P.S. Act and Section 25(1-b)a, 26, 35 of the Arms Act.

As per allegation, the petitioner and his associate Deepak Chaudhary, were arrested by the police. The petitioner was carrying a bag pack, wherefrom 1.6 kg of Charas was recovered. A country-made loaded pistol and live catridges were also recovered from his possession and from possession of coaccused Deepak Chaudhary, a loaded pistol and some live

Patna High Court CR. MISC. No.61469 of 2022(4) dt.23-03-2023 2/2 cartridges were recovered.

The learned counsel for the petitioner has submitted that the he is innocent and has falsely been implicated in this case. The seizure list was prepared at 3.45 pm and at the same time, the FIR was lodged. He has submitted further that the case of co-accused Deepak Chaudhary was separated as he is juvenile.

On the other hand, Sri Shailendra Kumar, the learned APP for the State has opposed the prayer for bail and submitted that the petitioner was arrested at the spot. 1.6 kg of Charas was recovered and FSL report supports that the seized contraband was narcotic drugs. There are some cases of similar nature against the petitioner. He is also implicated in five cases, of which three cases have been registered under the provisions of Bihar Probihition and Excise Act.

In my view, the petitioner does not deserve the privileges of bail, which is hereby rejected. The learned trial court is directed to dispose of the case expeditiously.

(Nawneet Kumar Pandey, J) Kundan/Nirmal U T