Shiv Shankar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83985 of 2023 Arising Out of PS. Case No.-228 Year-2023 Thana- HARLAKHI District- Madhubani ====================================================== Shiv Shankar Yadav Son Of Ram Chandra Yadav Resident Of Village- Belhi, Ps- Jaynagar, Dist- Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Union Of India, Ndps, Act India ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 20(b)(ii)/(c)/22 of N.D.P.S. Act.

As per the allegation in F.I.R, 22 grams of Brown Sugar (Smack) like narcotics substance Rs. 5,000/- Indian Currency and RS. 400/- Nepali Currency recovered from the possession of the petitioner.

Patna High Court CR. MISC. No.83985 of 2023(2) dt.08-01-2024 2/3 It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. The petitioner has no concern with the alleged recovered contraband. The alleged recovered Smack like narcotics substance is lesser than commercial quantity as per N.D.P.S. Act. Moreover, the petitioner is languishing in judicial custody since 22.08.2023. A statement has been made in para 3 of the petition petitioner has no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail, after framing of charge, if not framed. The above named petitioner is directed to be enlarged on bail, after framing of charge, if not framed. in connection with

Patna High Court CR. MISC. No.83985 of 2023(2) dt.08-01-2024 3/3 Harlakhi P.S. Case No. 228 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhubani. (Sunil Kumar Panwar, J) Nirajkrs/- U T