Patna High CourtCR. MISC./3091/2024dismissed

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

2024-01-24Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3091 of 2024 Arising Out of PS. Case No.-179 Year-2022 Thana- BHAPTIAHI District- Supaul ====================================================== Binod Kumar Yadav @ Vinod Kumar Yadav @ Vinod Kumar SON OF KRISHANDEO YADAV R/O VILLAGE- BHAPTIAHI, WARD NO.7, P.S.- BHAPTIAHI, DIST.- SUPAUL ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manu Tripurari Mr.Pramod Kumar Yadav For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is in custody since 18.10.2023 in connection with Bhaptiahi P.S. Case No. 179/2022 registered for the offence punishable under Sections 8/20(c)(ii)A/21(c) of the NDPS Act.

3. As per the prosecution case, the recovery is of 114 Kgs. of ganja from the house of the co-accused Amod Kumar Yadav. From the house of the Kamleshwari Yadav and also from the house of the Pradeep Kumar ganja has been recovered. Total recovery is 363.150 kg.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. Learned counsel for the petitioner further submits that he was not

Patna High Court CR. MISC. No.3091 of 2024(2) dt.24-01-2024 2/2 arrested on the spot though the police alleges that the recovery is from the house of the petitioner.

5. Learned Additional Public Prosecutor appearing on behalf of the State has vehemently opposed the prayer for bail.

6. Considering the facts and circumstances of the case and also the huge quantity of recovery of Ganja from the the house of the petitioner, I am not inclined to grant him bail.

7. It is, accordingly, dismissed.

(Sandeep Kumar, J) Saif/- U T