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Patna High CourtCR. MISC./66541/2023allowed

Satyendra Yadav @ Satyendra Kumar Yadav @ Satyendra Yadav @ Satendra Yadav v. The State Of Bihar

2023-11-08Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66541 of 2023 Arising Out of PS. Case No.-700 Year-2023 Thana- SHERGHATI District- Gaya ====================================================== SATYENDRA YADAV @ SATYENDRA KUMAR YADAV @ SATYENDRA YADAV @ SATENDRA YADAV Son of Rajendra Yadav Resident of Village-Lachuari, P.S.-Barachatti, District-Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aryan Singh For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 18, 20, 22 of the N.D.P.S. Act.

3. As per prosecution case, the petitioner is said to have been apprehended with a motorcycle from where, 10 kg doda was recovered. Accordingly, the seizure list was prepared.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no concern with the alleged recovery of doda like narcotic substance and the same is alleged to be 10 kg which does not

Patna High Court CR. MISC. No.66541 of 2023(3) dt.08-11-2023 2/2 come under purview of commercial quantity as per N.D.P.S. Act. It is further submitted the provision of N.D.PS. Act has not been followed by the prosecution. The petitioner has got no criminal antecedent and languishing in judicial custody since 2.7.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail after framing of charge, if not framed in connection with Sherghati (Dobhi) P.S. Case No. 700 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum-Special Judge, N.D.P.S. Act, Gaya. (Sunil Kumar Panwar, J) Amandeep/- U T