Maharaj Yadav @ Mahraj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1050 of 2025 Arising Out of PS. Case No.-326 Year-2024 Thana- NAUTAN District- West Champaran ====================================================== Maharaj Yadav @ Mahraj Yadav son of Late Jag Yadav village- Banwa tola south Telhua, Ps- Nautan, Dist- west Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sarvesh Kashyap, Adv For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-02-2025 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 Nautan P.S. Case No. 326 of 2024 dated 10.09.2024 registered for the offences punishable u/s 8/20(b)(ii)(B) of the NDPS Act.

3. As per the prosecution case, total 11.760 kg of ganja was recovered from the straw hut of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no concern with the alleged recovery. The seized contraband is less than the commercial quantity. The recovery has been made from an open place which

Patna High Court CR. MISC. No.1050 of 2025(2) dt.24-02-2025 2/2 is accessible to anyone. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 11.09.2024.

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 and the nature of allegation levelled against the petitioner 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, West Champaran, Bettiah in connection with Nautan P.S. Case No. 326 of 2024, with a 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.

7. The application stands allowed.

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