Krishna Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81587 of 2023 Arising Out of PS. Case No.-85 Year-2023 Thana- INDUSTRIAL District- Bhagalpur ====================================================== Krishna Yadav Son Of Anirudh Yadav R/M- Upper Bhitti, P.S.- Sabour, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s :

Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 05-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with Industrial Area P.S. Case No. 85 of 2023 instituted for the offences punishable under Sections 20(b)(II)(c), 22 of NDPS Act.

It is alleged that 6.5 kg. ganja was recovered from the possession of the petitioner.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that no forensic laboratory report has been came so the prosecution has failed to prove the alleged recovery was ganja or not. He further submits that similarly situated co-accused has

Patna High Court CR. MISC. No.81587 of 2023(2) dt.05-01-2024 2/2 already been granted regular bail by a Co-ordinate Bench of this Court passed in Cr. Misc. No. 49965 of 2023 vide order dated 19.08.2023. Petitioner is in judicial custody since 30.04.2023. Learned APP for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case and also the fact that similarly situated co-accused has already been granted regular bail by a Co-ordinate Bench of this Court, 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 learned Sessions Judge, Bhagalpur in connection with Industrial Area P.S. Case No. 85 of 2023.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T