Sanjay Rajbhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89452 of 2024 Arising Out of PS. Case No.-221 Year-2024 Thana- BUXAR District- Buxar ====================================================== 1.

Sanjay Rajbhar S/O Late Buchan Rajbhar R/O of Village- Shantinaghar (Buxar), P.S.-Buxar (Town), Distt- Buxar.

2.

Maina Yadav @ Main Yadav S/O Late Deomuni Yadav R/O of VillageSohanipatty, P.S.-Buxar (Town), Distt- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar, Adv.

For the Opposite Party/s :

Mr.Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-01-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with N.D.P.S. Case No. 17 of 2024 arising out of Buxar (T) P.S. Case No. 221 of 2024 dated 21.04.2024 registered for the offences punishable u/ss 21(b) and 22(b) of the N.D.P.S. Act.

3. As per the prosecution case, 9.26 gms of heroin was recovered from the possession of the petitioner, Sanjay Rajbhar and 4.20 gms of heroin was recovered from the possession of the petitioner, Maina Yadav.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioners. Learned counsel has further submitted that the

Patna High Court CR. MISC. No.89452 of 2024(2) dt.08-01-2025 2/2 recovery from the petitioner no. 1 as alleged in the F.I.R. is less than commercial quantity whereas the recovery has been made from the petitioner no. 2 is the small quantity. It is further submitted that the petitioners have no concern with the alleged recovery. The petitioner no. 1 has no criminal antecedent whereas the petitioner no. 2 has one criminal antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 21.04.2024.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners abovenamed, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Buxar in connection with N.D.P.S. Case No. 17 of 2024 arising out of Buxar (T) P.S. Case No. 221 of 2024.

7. The application stands allowed.

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