Kamlesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69142 of 2023 Arising Out of PS. Case No.-56 Year-2023 Thana- SIMRI District- Buxar ====================================================== KAMLESH YADAV son of Nandji Yadav Village- Rampur Mathiya Ps- Simri Dist- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhay Kumar Pandey For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 8, 20(b)(II)B, 22 of N.D.P.S. Act.

3. As per the allegation in F.I.R, 15 kg 150 grams of Ganza like narcotics substance has been recovered from a shop which is said to be owned by the petitioner.

4. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. The petitioner has no concern with the alleged recovered contraband. Neither the

Patna High Court CR. MISC. No.69142 of 2023(2) dt.02-11-2023 2/3 petitioner was apprehended on spot nor anything incriminating has been recovered from the conscious possession of the petitioner. It is also submitted that the said shop from which the alleged seizure has been made does not belong to the petitioner. The alleged recovered Ganza like narcotics substance is lesser than commercial quantity as per N.D.P.S. Act. Moreover, the petitioner is languishing in judicial custody since 31.07.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

6. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail after framing of charge, if the charge is not framed. The above named petitioner is directed to be enlarged on bail after framing of charge, if the charge is not framed in connection with Simri P.S. Case No. 56 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned District Judge-cum-

Patna High Court CR. MISC. No.69142 of 2023(2) dt.02-11-2023 3/3 Special Court NDPS Act, Buxar.

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