Tarkeshwar Kumar @ Tarkeshwar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87619 of 2024 Arising Out of PS. Case No.-395 Year-2022 Thana- SURYAGARHA District- Lakhisarai ====================================================== Tarkeshwar Kumar @ Tarkeshwar Yadav S/O Kapildev Yadav Resident of Village- Nista, P.S.- Suryagarha, Dist- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saurav Anand For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-08-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Suryagadha P.S. Case No. 395 of 2022 dated 20.12.2022 registered for the offences punishable u/ss 8/20(b)(ii)(c)/25 of the NDPS Act.

3. As per the prosecution case, total 90 kgs. Ganja was recovered from the e-rickshaw of the co-accused Parmanand Yadav and 380 kgs. Ganja was recovered from the fodder room of Dablu Yadav.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The said recovery was made from the house of the co-

Patna High Court CR. MISC. No.87619 of 2024(3) dt.05-08-2025 2/3 accused and e-rickshaw. The petitioner has no concern with the e-rickshaw. The apprehended co-accused persons disclosed the name of the petitioner, who fled away from the place of occurrence. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 19.07.2024.

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 abovenamed, 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 Court concerned, Lakhisarai in connection with Suryagadha P.S. Case No. 395 of 2022, with following condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled. (ii). If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to

Patna High Court CR. MISC. No.87619 of 2024(3) dt.05-08-2025 3/3 move for cancellation of his bail bond.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T