Amit Yadav @ Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75223 of 2022 Arising Out of PS. Case No.-122 Year-2022 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Amit Yadav @ Amit Kumar Son Of Manoj Yadav Resident Of Village - Salemabad, P.S.- Sahebpur Kamal, District - Begusarai. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Kumar Binode Bariar For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 8/20/22 of N.D.P.S. Act and Section 120(b)/34 of Indian Penal Code. As per the allegation in F.I.R, 9 kg of Ganza like narcotics substance from the possession of the petitioner and co-accused, namely, Suchit Yadav. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has

Patna High Court CR. MISC. No.75223 of 2022(4) dt.17-05-2023 2/3 falsely been implicated in the present case. The petitioner has no concern with the alleged recovered contraband. The alleged recovered Ganza like narcotics substance is lesser than commercial quantity as per N.D.P.S. Act. Their is no independent witness of the alleged seizure. Moreover, the petitioner is languishing in judicial custody since 11.05.2022. Similarly situated coaccused person, Suchit Yadav has been granted bail vide order dated 20.03.2023, passed in Cr. Misc. No. 73399 of 2022 by the co-ordinate Bench of this Court. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

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. The above named petitioner is directed to be enlarged on bail in connection with S. Kamal P.S. Case No. 122 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees

Patna High Court CR. MISC. No.75223 of 2022(4) dt.17-05-2023 3/3 ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge I, Begusarai.

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