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Patna High CourtCR. MISC./82205/2023allowed

Binod Prasad Yadav @ Binod Prasad @ Vinod Prasad Yadav v. The State Of Bihar

2024-01-09Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82205 of 2023 Arising Out of PS. Case No.-245 Year-2018 Thana- BAKHTIYARPUR District- Patna ====================================================== Binod Prasad Yadav @ Binod Prasad @ Vinod Prasad Yadav Son Of Late Sipahi Ray R/O Village- Naya Tola, Madhopur, P.S.- Bakhtiyarpur, DistrictPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad, Advocate For the Opposite Party/s :

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 09-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Special Case (NDPS) No. 145 of 2023, arising out of Bakhtiyarpur P.S. Case No. 245 of 2018 for the offences registered under Sections 20 and 22 of the N.D.P.S. Act.

3. It is alleged in the written report that on getting information of selling illegal Ganja, police raided the joint house of the petitioner and other accused persons and recovered 9.5 kg Ganja.

4. Learned counsel for the petitioner submits that petitioner is innocent. He has falsely been implicated in this case. The alleged Ganja has been recovered from the joint

Patna High Court CR. MISC. No.82205 of 2023(2) dt.09-01-2024 2/2 property. It is further submitted that similarly situated coaccused persons have been granted bail by co-ordinate Benches of this Court, vide order dated 26.10.2018 passed in Cr. Misc. No. 63772 of 2018 and order dated 05.08.2022 passed in Cr. Misc. No. 25232 of 2022. Petitioner has no criminal antecedent. He is in judicial custody since 20.05.2023.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with Special Case (NDPS) No. 145 of 2023, arising out of Bakhtiyarpur P.S. Case No. 245 of 2018. (Sunil Dutta Mishra, J) rakhi/- U T