Santosh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70384 of 2023 Arising Out of PS. Case No.-226 Year-2023 Thana- JOGBANI District- Araria ====================================================== SANTOSH KUMAR YADAV son of Sadanand Yadav Village- Bhatua Tola W.No-13, Ps- Jogbani Dist- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Mandal For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 17, 18, 22 of the N.D.P.S. Act.

As per prosecution case, the petitioner was apprehended on the spot and upon search total 46.05 grams smack like substance was recovered from the petitioner. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in the present case due to high handedness of the police officials. The petitioner has no concern with the alleged recovery of smack and the same was lesser than commercial quantity as per N.D.P.S. Act. A statement has been

Patna High Court CR. MISC. No.70384 of 2023(2) dt.06-11-2023 2/2 made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 02.09.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

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 released on bail in connection with Jogbani P.S. Case No. 226 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, Araria, District Araria.

(Sunil Kumar Panwar, J) Manishkr/- U T