Byash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32698 of 2017 Arising Out of PS.Case No. -12 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictKHAGARIA ====================================================== Byash Yadav Son of Ram Pukar Yadav, Resident of Village- Siswa, P.S.- Gogri, District- Khagaria.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Viveka Nandsingh For the Opposite Party/s : Mr. Ram Priya Saran Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Special Case No. 8/2016 arising out of Excise Case No. 12/2016 registered under Section 20(b) of the N.D.P.S.Act. The accusation is that in course of raid a Gumti was searched fromwhere four persons succeeded to fled away and one person was apprehended, who disclosed his name as Sarvesh Kumar and on search he was found in possession of 90 grams Ganja and he also disclosed that the Gumti is belonging to the petitioner Byash Yadav in which he used to sell Ganja. Submission is that it appears from the prosecution report that the Ganja was being sold in the Gumti by the co-accused

Patna High Court Cr.Misc. No.32698 of 2017 (3) dt.10-08-2017 Sarvesh Kumar, who was apprehended with 90 grams of Ganja and only the name of the petitioner has been disclosed by Sarvesh Kumar that Gumti was belonging to this petitioner. Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge III, Khagaria in connection with Special Case No. 8/2016 arising out of Excise Case No. 12/2016, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) Surendra/- U