Fucho Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79398 of 2018 Arising Out of PS. Case No.-612 Year-2018 Thana- BANKA District- Banka ======================================================

1. Fucho Yadav, S/o Kailash Yadav

2. Kailash Yadav, S/o Late Ramphal Yadav

3. Raju Yadav, S/o Kailash Yadav Petitioner no. 1 and 2 Resident of villageJogdiha, P.S.- Banka, District.- Banka. Petitioner No.3 Resident of vilalgeBegusarai, P.S and District.-Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey, adv.

For the Opposite Party/s :

Mr.Sri Ajay Kumar Jha (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 25-02-2019 Heard learned counsel for petitioners and learned counsel for the State.

Petitioners, who are in custody, seek bail in connection with Banka P.S. Case No. 612 of 2018, (G.R. No. 3035 of 2018) a registered for the offences punishable under Sections 20(b)(II)(C), 25, 29 of N.D.P.S. Act.

Informant has alleged that 05.09.2018 he received a secret information thereafter he along with

Patna High Court Cr.Misc. No.79398 of 2018(5) dt.25-02-2019 2/3 other police personnel proceeded toward the house of petitioner Kailash Yadav where one C.T. Honda car standing and on seeing police party one person who was seated on the place of driver started fleeing away who was apprehended by the police party, on query and after search the vehicle C.T. Honda Car, 26 packets of Ganja which was wrapped in the plastic paper weighing 63 Kg 550 grms. were recovered. Petitioner no.1 and petitioner no. 3 is son of petitioner no.2 and were present together when they were apprehended.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case due to village politics. The alleged Ganja was not recovered from the conscious possession of the petitioners. Petitioners have no criminal antecedent and are in custody since 06.09.2018.

Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioners on bail at this stage. Hence, the prayer for bail of the petitioners is hereby rejected.

Trial court is directed to expedite and

Patna High Court Cr.Misc. No.79398 of 2018(5) dt.25-02-2019 3/3 conclude trial within a period of one year from the date of receipt/production of a copy of this order.

(S. Kumar, J) Rajiv/- U T