Shiv Shankar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85495 of 2024 Arising Out of PS. Case No.-639 Year-2024 Thana- BIDUPUR District- Vaishali ====================================================== Shiv Shankar Yadav Son of Late Dharamnath Singh Yadav @ Late Dharmnath Singh Resident of village- Bhimpatti PS- Bihiya District- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Syed Firoz Raza For the Opposite Party/s :
Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Bidupur P.S. Case No. 639 of 2024 dated 09.10.2024 registered for the offences punishable under Sections 8, 20(B)(ii)(b) and 29 of the N.D.P.S. Act.
3. As per the prosecution case, total 12.120 mg., drugs kota is said to have been recovered.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that no incriminating article has been recovered from the possession of the petitioner. Learned counsel has further submitted that the seizure list was prepared on
Patna High Court CR. MISC. No.85495 of 2024(3) dt.08-04-2025 2/3 08.10.2024 and the F.I.R. has been lodged on 09.10.2024 and the delay in lodging of the F.I.R. has not been explained by the prosecution. There is no statutory compliance of Section 105 of the B.N.S.S. and Section 50 of the N.D.P.S. Act. The said contraband is small quantity. He has no concern with the alleged recovery. The co-accused person has already been granted regular bail by this court vide order dated 25.03.2025 passed in Cr. Misc. No. 85806 of 2024. The petitioner has no criminal antecedent as stated in paragraph no. 3 of the bail petition. The petitioner is in custody in this case since 09.10.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Principal Sessions Judge, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 639 of 2024 with further condition:- (I) The petitioner is directed to remain physically present before the learned court below on each and every date, failing which
Patna High Court CR. MISC. No.85495 of 2024(3) dt.08-04-2025 3/3 on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T