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ANNEXURE R-1
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13818 of 2024
Arising Out of PS. Case No.-435 Year-2023 Thana- JAYNAGAR District- Madhubani
======================================================
RAKESH YADAV S/O BECHAN YADAV @ VECHAN YADAV R/O
VILLAGE- SAPTA, P.S- TOWN, DISTT.- MADHUBANI.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Bharti, Advocate
For the Opposite Party/s : Mr. Mohammad Sufyan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 12-03-2024 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Jainagar P.S. Case
no.435 of 2023 registered under section 414 of the Indian Penal
Code and sections 8 and 20(b)(ii)(b) of the N.D.P.S. Act.
3. As per the prosecution case, the informant states
that two accused persons came from Nepal side and waited for
sometime. Thereafter, two persons from India side approached
them. At this time, the informant and others surrounded the
accused and recovered 14.2 kgs of ganja from joint possession
of the accused persons.
4. Learned counsel for the petitioner submits that
from reading of the contents of the F.I.R. itself, it would be
evident that the ganja was being carried by the persons who
42
Patna High Court CR. MISC. No.13818 of 2024(2) dt.12-03-2024
2/2
came from Nepal side. So far as this petitioner is concerned, he
was not amongst those two persons. He is in custody since
25.10.2023 and has no criminal antecedent.
5. Heard learned A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the F.I.R., the
recovery of the alleged ganja from the person who came from
the Nepal side, the quantity recovered being below the
commercial quantity, the petitioner being in custody since
25.10.2023, chargesheet having been submitted in the case and
the petitioner not having any criminal antecedent, the Court
directs the petitioner to be enlarged on bail in connection with
Jainagar P.S. Case no.435 of 2023 (G.R. no.77 of 2023) 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 Sessions Judge, Madhubani.
(Partha Sarthy, J)
Saurabh/-
U T