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Patna High CourtCR. MISC./77057/2019bail granted

Arjun Yadav v. The State Of Bihar

2020-01-13Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77057 of 2019 Arising Out of PS. Case No.-75 Year-2019 Thana- ROSHANGANJ District- Gaya ====================================================== ARJUN YADAV Son of Late Durgan Yadav Resident of Village - Adhauriya, P.S.- Manatu, Distt.- Palamu (Jharkhand).

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Union of India through Narcotics Commissioner, New Delhi. Govt. of India.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-01-2020 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Raushanganj (Bankey Bazar) P.S. Case No. 75 of 2019 for the offence registered under Sections 15 and 18 of the N.D.P.S. Act.

The accusation is that on secret information received by the Police to the effect that huge quantity of Doda was being carried by the petitioner and one other co-accused person, the Police raiding team had stopped a bus coming from the western side and upon search, two persons i.e. the petitioner herein and one Dharamdeo Yadav were apprehended who disclosed that

Patna High Court CR. MISC. No.77057 of 2019(2) dt.13-01-2020 2/3 their accomplice namely Vishun Yadav had got down from the bus and had fled away. It is further alleged that upon disclosure made by the accused persons apprehended from the spot, 29 kgs. of peels of Posta and 29 kgs. of peels of Catechu were recovered from the dickey of the bus.

The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case, he has got no concern with the alleged seized contraband. It is further submitted that the petitioner is having a clean antecedent. It is also submitted that similarly situated coaccused person has already been granted bail by a coordinate Bench of this Court vide order dated 27.11.2019 passed in Criminal Misc. No. 67418 of 2019, Lastly, it is submitted that the petitioner is languishing in custody since 03.05..2019. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner coupled with the fact that similarly situated co-accused person has already been granted bail by a coordinate Bench of this Court, I deem it fit and proper to direct for release of the petitioner herein on regular bail. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/-

Patna High Court CR. MISC. No.77057 of 2019(2) dt.13-01-2020 3/3 (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VIIth, Gaya in connection with Raushanganj (Bankey Bazar) P.S. Case No. 75 of 2019.

(Mohit Kumar Shah, J) S.Sb/- U T