Dismissed¶8

Manoj Yadav v. The State of Bihar

Patna HC20 May 2024CR. MISC./19586/2024

Case brief

AI extract

What is this about?

Patna High Court Cr. Misc. No.19586 of 2024, decided 20-05-2024 by Ramesh Chand Malviya, J. Regular bail rejected; petitioner Manoj Yadav; Naya Ramgarhwa P.S. Case No. 277 of 2023 (East Champaran); NDPS Act Sections 8, 20(B)(ii)(c); recovery 3.782 Kg Charas joint possession, 1.416 kg from petitioner held commercial quantity; two motorcycles seized from co-accused; witnesses corroborated FIR; custody since 06.07.2023; arguments on sampling/certification and absent FSL report noted; APP opposed bail; trial Court directed to expedite trial.

What did the court decide?

Perusal of the case diary, F.I.R. and the impugned order dated 04.08.2023 shows the allegation against this petitioner is specific: 1.416 kg recovered from his possession is commercial quantity, and the police also seized two motorcycles from the possession of co-accused.

Manoj Yadav Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2024)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether regular bail should be granted to petitioner Manoj Yadav, in custody since 06.07.2023 in connection with Naya Ramgarhwa P.S. Case No. 277 of 2023 for offences under Sections 8, 20(B)(ii)(c) of the NDPS Act.

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Court's answer

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Ratio / Principle

Witnesses examined during investigation corroborated the version in the FIR, and the petitioner has been in custody since 06.07.2023.

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Key takeaways

Considering the facts and circumstances, the nature of allegation and gravity of the offence, the court is not inclined to grant bail to the petitioner.ratio¶7
Ancillary directive: the learned trial Court is directed to expedite the trial as early as possible.obiter¶9

Detailed headnote1 paragraphs

Oral order of Ramesh Chand Malviya, J. (20-05-2024) rejecting regular bail sought by Manoj Yadav in connection with Naya Ramgarhwa P.S. Case No. 277 of 2023 (Thana Ramgarhwa, Distt. East Champaran), instituted under Sections 8, 20(B)(ii)(c) of the NDPS Act. Prosecution recorded recovery of total 3.782 Kg of Charas from joint possession; on perusal of the case diary, F.I.R. and the impugned order dated 04.08.2023 the court found the allegation specific, with 1.416 kg recovered from the petitioner's own possession constituting commercial quantity, two motorcycles seized from co-accused, witnesses examined during investigation corroborating the FIR version, and petitioner in custody since 06.07.2023. Counsel argued false implication, non-involvement with the seized motorcycle, absence of independent witnesses (seizure-list signatories being official witnesses), lack of proper sampling/certification and absence of any FSL report; the APP opposed bail. Bail was refused in view of the nature of allegation and gravity of the offence; the trial Court was directed to expedite the trial.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19586 of 2024

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Arising Out of PS. Case No.-277 Year-2023 Thana- RAMGARHWA District- East Champaran

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======================================================

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Manoj Yadav S/o Chandrika Prasad Yadav @ Chandrika Yadav R/o vill - Gahmariya, P.S. - Palanwa, Distt. - East Champaran, Bihar

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... ... Petitioner/s

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Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajdeep, Advocate For the Opposite Party/s : Mr. Dr. Mrityunjaya Kr. Gautam, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER

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4 20-05-2024

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Heard learned counsel for the petitioner and learned

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APP for the State.

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The petitioner seeks bail in connection with Naya Ramgarhwa P.S. Case No. 277 of 2023 instituted for the offences punishable under Sections 8, 20(B) (ii) (c) of the NDPS Act.

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As per the prosecution case, there is recovery of total 3.782 Kg of Charas from the joint possession of petitioner and accused persons.

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Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. He further submits that petitioner has no concern with the seized motorcycle and the motorcycle has been driven by other co-accused person. It is further submitted that there is no any independent witness and the members of the raiding party who signed on the seizure list are an official witness. He next submits that neither proper sampling and certification of the alleged

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Patna High Court CR. MISC. No.19586 of 2024(4) dt.20-05-2024 2/2

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contraband has been made nor there is any FSL report is on record to show that the seized articles is contraband or anything.

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Learned APP for the State has vehemently opposed the prayer for bail.

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On perusal of the case diary, F.I.R. and the impugned order dated 04.08.2023, it appears that allegation against this petitioner is specific that from his possession 1.416 kg has been recovered, which is commercial quantity and the police also seized two motorcycles from the possession of co-accused. The witnesses examined during course of investigation in the case diary corroborated the version in the FIR. Petitioner is in custody since 06.07.2023.

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Considering the facts and circumstances of the case and keeping in view the nature of allegation and gravity of the offence, I am not inclined to grant bail to the petitioner.

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Prayer for regular bail of the petitioner is hereby rejected.

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However, the learned trial Court is directed to expedite the trial as early as possible.

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(Ramesh Chand Malviya, J)

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saurabhkr/-

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U T

Manoj Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Manoj Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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