Ajay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78120 of 2023 Arising Out of PS. Case No.-268 Year-2023 Thana- NAUGACHIA District- Bhagalpur ====================================================== Ajay Yadav S/O Late Durga Yadav Village- Basudeo Pur Bareta,Ps. Gogari, Dist. Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Singh For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-12-2023 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 8(c), 17(c) and 20(b) of the NDPS Act.

3. Prosecution case relates to recovery of 2.088 kg of ganja like intoxicating substance along with mobile phone from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The recovered ganja like substance does not come within the purview of commercial quantity as per NDPS Act. There is no independent witness of the seizure list rather they are police personnel. A statement has

Patna High Court CR. MISC. No.78120 of 2023(2) dt.06-12-2023 2/2 been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 01.08.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail after framing of charge if the charge is not framed in connection with Naugachia P.S. Case No. 95 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Bhagalpur.

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