Aklesh Kumar Yadav @ Aklesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70102 of 2022 Arising Out of PS. Case No.-263 Year-2022 Thana- MUFFASIL District- Aurangabad ====================================================== AKLESH KUMAR YADAV @ AKLESH Kumar S/o Fatuli Yadav @ Fatuli R/v- Jhardag, P.S.- Lavlaung, District- Chatra (Jharkhand) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Leelawati Kumari For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 8, 17(b), 18(b) of the Narcotic Drugs and Psychotropic Substance Act. Prosecution case relates to recovery of 1.1 kg. wet opium like substance and 1 kg. dry opium like substance kept in the bag of the petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Nothing has been recovered from conscious possession of the petitioner. The seizure list is manipulated by the police and they have not complied the mandatory provision of Section 50 of the NDPS Act. Allegedly, recovery of 2.1 kg opium has to

Patna High Court CR. MISC. No.70102 of 2022(2) dt.20-03-2023 2/2 be shown, which comes below the commercial quantity. He has been falsely implicated in this case. He has no criminal antecedent. Petitioner is languishing in judicial custody since 21.7.2022.

Learned APP appearing for the State has opposed the prayer of 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 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 1st Additional District and Sessions Judge-cum-Special Judge (NDPS), Aurangabad in connection with Aurangabad Mufassil P.S. Case No. 263 of 2022.

(Sunil Kumar Panwar, J) sushma/- U