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Patna High CourtCR. MISC./82949/2025allowed

Arun Yadav v. The State Of Bihar

2025-12-10Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82949 of 2025 Arising Out of PS. Case No.-295 Year-2025 Thana- MAHISHI District- Saharsa ====================================================== Arun Yadav Son of Late Bahadur Yadav Resident of village - Bhandaria, P.S.- Jamalpur, Dist.- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar, Adv For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 10-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 8/20 (b) (ii) (c) of the N.D.P.S. Act.

3. The case of the prosecution, in short, is that, total 2.940 kg of ganja was recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. It is further submitted that though the quantum of the said recovery is more than small quantity but is much less than commercial quantity. It is next submitted that police has not followed the provisions mentioned under Section 105 of the B.N.S.S. while making the

Patna High Court CR. MISC. No.82949 of 2025(2) dt.10-12-2025 2/2 seizure. The petitioner has clean criminal antecedent as stated in para 3 of the bail petition. Moreover, the petitioner is languishing in judicial custody since 05.09.2025.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mahisi P.S. Case No. 295 of 2025 on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum-Special Judge, Saharsa/concerned trial Court.

7. Accordingly, the application stands allowed. (Ashok Kumar Pandey, J) Jyoti/- U T