Bablu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70748 of 2022 Arising Out of PS. Case No.-249 Year-2022 Thana- BAISI District- Purnia ====================================================== Bablu Yadav Son of Yogi Yadav R/O Village- Durgapur, P.S.- Muffasil, District- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rabindra Kumar Priyadarshi, Advocate For the Opposite Party/s :
Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-04-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Baisi P.S. Case No. 249 of 2022 registered for the offence under Sections 08/20, (b), (ii), (B) of the N.D.P.S. Act.
The accused/petitioner is named in the F.I.R. and is in custody since 19.06.2022.
The allegation against the petitioner is to have in possession of contraband i.e., ganja total of 6.9kg while travelling in a bus alongwith other co-accused persons. Learned counsel appearing on behalf of the petitioner submitted that the alleged bag is not connected with petitioner
Patna High Court CR. MISC. No.70748 of 2022(2) dt.12-04-2023 2/3 and mere on the basis of suspicion as petitioner was the last passenger of the bus, was apprehended in this case. It is submitted that the manner in which alleged contraband i.e., ganja was recovered is speaking clearly that same not appears to be recovered from the conscious physical possession of this petitioner. It is also pointed out that as recovered quantity of contraband i.e., ganja is less than commercial quantity, therefore, barrier of Section 37 of the N.D.P.S. Act is not applicable in this case. While concluding the argument it has been submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has been submitted and, as such, there is no chance of tampering with the evidence.
Learned APP, while opposing the prayer of bail fairly conceded that the recovered amount of contraband i.e., ganja is less than commercial quantity..
Considering the facts and circumstances as mentioned above, as recovery of contraband i.e., ganja is less than commercial quantity, where recovery is not appearing from conscious physical possession of this petitioner on its face coupled with the fact that charge-sheet has already submitted, let the petitioner, above named, is directed to be released on bail
Patna High Court CR. MISC. No.70748 of 2022(2) dt.12-04-2023 3/3 in connection with Baisi P.S. Case No. 249 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, N.D.P.S. Act, Purnea/concerned court, subject to the conditions as mentioned under Section 437(3) of Cr.P.C.
(Chandra Shekhar Jha, J) pooja/- U T