Patna High CourtCR. MISC./80587/2024bail granted

Anil Kumar Yadav @ Anil Yadav v. The State Of Bihar

2024-12-18Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80587 of 2024 Arising Out of PS. Case No.-110 Year-2024 Thana- PALASI District- Araria ====================================================== Anil Kumar Yadav @ Anil Yadav S/O Arun Kumar Yadav @ Arun Yadav Resident of Village- Badhouli Ward No. 13, P.S- Palasi, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Mr. Gaurav Prakash For the Opposite Party/s :

Mr. Shyam Kr. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-12-2024 Heard the learned counsel for the parties.

2. This is the 2nd attempt of the petitioner. Earlier the bail application of the petitioner was rejected vide order dated 26.06.2024 passed in Cr. Misc. No. 43721 of 2024.

3. The petitioner seeks regular bail in a case registered for the offence under Sections 8(c), 20(b)(ii), 22(c) of the NDPS Act and Section 120B of the Indian Penal Code.

4. The petition is in custody since 28.03.2024 and it has been submitted that the recovered amount of smack is of less than commercial quantity.

5. The learned counsel for the petitioner also submits that the petitioner is not accused of any case under NDPS Act. He further submits that the trial is being delayed as only charges

Patna High Court CR. MISC. No.80587 of 2024(2) dt.18-12-2024 2/2 have been framed and no witness(s) has been examined.

6. Considering the intermittent quantity of recovery, this application is allowed.

7. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)with two sureties of the like amount each to the satisfaction of the learned Sessions cum Special Judge, NDPS Act, Araria/concerned Court below in connection with Palasi P.S. Case No. 110 of 2024 subject to conditions that:- (i) The petitioner shall appear in the trial regularly either personally or through his lawyer and shall cooperate in the trial.

(ii). While accepting the bail bond of the petitioner, the Court below will verify the fact as to whether the petitioner is accused in any other case under NDPS Act or not. If the petitioner is found accused in any other case under NDPS Act, the bail bond of the petitioner shall not be accepted.

8. This application stands allowed.

(Sandeep Kumar, J) Shishir/- U