Abdhesh Yadav @ Bilra @ Avdesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1743 of 2024 Arising Out of PS. Case No.-122 Year-2022 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Abdhesh Yadav @ Bilra @ Avdesh Yadav S/O Mahesh Yadav R/O VillageSalemabad, P.S.- Sahebpur Kamal, Dist.- Begusarai ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Kumar Binode Bariar For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-01-2024 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 8/20/22 of N.D.P.S. Act and Section 120(b)/34 of Indian Penal Code. As per the allegation in F.I.R, 9 kg of Ganza like narcotics substance from the possession of the petitioner and co-accused, namely, Suchit Yadav and Amit Yadav.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.1743 of 2024(2) dt.29-01-2024 2/3 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 Ganza like narcotics substance is lesser than commercial quantity as per N.D.P.S. Act. Their is no independent witness of the alleged seizure. Moreover, the petitioner is languishing in judicial custody since 28.08.2023. Similarly situated coaccused persons, Amit Yadav and Suchit Yadav have been granted bail by this Court and co-ordinate Bench of this Court.

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. The above named petitioner is directed to be enlarged on bail in connection with S. Kamal P.S. Case No. 122 of

Patna High Court CR. MISC. No.1743 of 2024(2) dt.29-01-2024 3/3 2022 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 Additional Sessions Judge I, Begusarai.

(Sunil Kumar Panwar, J) Nirajkrs/- U T