Rahul Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76850 of 2024 Arising Out of PS. Case No.-446 Year-2021 Thana- MOTIHARI TOWN District- East Champaran ====================================================== RAHUL YADAV SON OF LATE DANPAL YADAV RESIDENT OF VILLAGE - NAYA TOLA, JURABGANJ, P.S.- KODHA, DISTRICT - KATIHAR ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sharda Nand Mishra, Advocate Mr. Atul Kumar, Advocate Mr. Dhandev Kumar, Advocate For the Opposite Party/s :
Mr.Renu Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 20-02-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 399, 400, 402, 115 and 414 of the Indian Penal Code and under Sections 25(1-b)a, 26 and 35 of the Arms Act and Section 20(b), (ii) (c), 23 (c) of the NDPS Act.
3. The case of the prosecution is that 1.6 K.G. 'charas' was recovered from the possession of the petitioner.
4. Report was called for from the Court below and from persual of the report, it transpires that though charge has been framed but not a single witness has been examined till
Patna High Court CR. MISC. No.76850 of 2024(4) dt.20-02-2025 2/2 date.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. Moreover, the petitioner is languishing in judicial custody since 08.07.2021and the trial has not started uptill now.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Considering the aforesaid facts and circumstances of the case and the period custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Nagar P.S. Case No. 446 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 14th Additional Sessions Judge cum Special Judge, Motihari.
(Ashok Kumar Pandey, J) Jagdish/- U T