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Patna High CourtCR. MISC./64470/2025allowed

Munna Yadav v. The State Of Bihar

2026-02-05Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64470 of 2025 Arising Out of PS. Case No.-88 Year-2025 Thana- RAXAUL District- East Champaran ====================================================== Munna Yadav S/o Gopal Rai R/o Village- Sisawa, PS- Raxaul, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Raxaul P.S. Case No. 88 of 2025/ N.D.P.S. G.R. Case No. 34 of 2025 registered for the offence punishable under Sections 20(B)(ii)(C), 23(C), 25 and 29 of the N.D.P.S. Act.

3. The case of the prosecution, in short, is that altogether 45.354 kg of ganja was recovered from a car.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Learned counsel for the petitioner has submitted that the role of this petitioner as attributed during investigation is that

Patna High Court CR. MISC. No.64470 of 2025(3) dt.05-02-2026 2/3 the petitioner has worked as a liner. He has further submitted that Pradeep Kumar Gupta from whose car, the contraband was recovered, has been granted bail by this Court vide order dated 29.01.2026 passed in Cr. Misc. No. 57651 of 2025. The case of this petitioner stands on better footing. The name of this petitioner has surfaced in the disclosure made by co-accused Pradeep Kumar Gupta. There is no independent witness of the seizure list rather they are police personnel. Police has not followed Section 105 of B.N.S.S. while preparing seizure. Nothing has been recovered from the possession of this petitioner. Moreover, he is languishing in judicial custody since 04.07.2025.

7. The application for bail is opposed by learned APP for the State.

8. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge cum Special Judge, East Champaran, Motihari in connection with Raxaul P.S. Case No. 88 of 2025/N.D.P.S.

Patna High Court CR. MISC. No.64470 of 2025(3) dt.05-02-2026 3/3 G.R. Case No. 34 of 2025.

(Ashok Kumar Pandey, J) Shubham/- U T