Suchit Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73399 of 2022 Arising Out of PS. Case No.-122 Year-2022 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Suchit yadav son of late Bijo Yadav r/v- salema digra, p.s.- S.Kamal, DistrictBegusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-03-2023 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. The petitioner seeks bail in connection with Sahebpur Kamal P.S. Case No.122 of 2022 registered for the offence under Sections 120(B) and 34 of the Indian Penal Code and Sections 8, 20 and 22 of the Narcotics Drugs and Psychotropic Substances Act.

The accused/petitioner is named in the F.I.R. and is in custody since 11.05.2022.

The allegation against the petitioner is to have in possession of 9 kilograms of contraband i.e., ganja alongwith other co-accused persons.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.73399 of 2022(2) dt.20-03-2023 2/3 submitted that alleged recovered contraband i.e., ganja is not made from the conscious physical possession of this petitioner for the reason that alleged motorcycle was found jointly occupied alongwith other co-accused person. It is also submitted that seizure list appears doubtful being not supported by independent witnesses rather by police constables. It is also submitted that procedural compliance as regard to sampling and seizure also not appears to be made in the present case. It is further submitted that barrier of Section 37 of the N.D.P.S. Act not appears to be made in the present case for the reason that recovered quantity is less than the commercial quantity. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State, opposes the prayer for bail.

In view of the facts and circumstances as mentioned above as recovered quantity of contraband i.e. ganja is less than commercial quantity, where recovery appears to be made from joint possession, coupled with the fact that charge-sheet has

Patna High Court CR. MISC. No.73399 of 2022(2) dt.20-03-2023 3/3 already been submitted, let above named petitioner is directed to be released on bail in connection with Sahebpur Kamal P.S. Case No.122 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 District and Sessions Judge, Begusarai/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J.) S.Tripathi/- U T