IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.570 of 2011
PAKA YADAV, son of Late Kedar Yadav
Versus
THE STATE OF BIHAR
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2 09.02.2011 Heard learned counsel for the petitioner as well as learned P.P.
for the State.
Petitioner seeks his bail in connection with Shahpur P.S. Case
No.180 of 2010 registered under Section 22/23 of N.D.P.S. Act.
As per prosecution case itself, petitioner was not arrested at the
spot nor anything was recovered from his conscious possession. It appears
that the so-called recovery has been made near a Gumti, but learned
Sessions Judge has committed an error on record mentioning this fact that 2
gm of heroine had been recovered from conscious possession of the
petitioner.
Considering the facts and circumstances as well as submissions
of the parties petitioner, namely, Paka Yadav is directed to be released on
bail on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of
the like amount each, to the satisfaction of Special Judge (N.D.P.S. Act) cum-
District & Sessions Judge, Bhojpur at Arrah in connection with above stated
N.D.P.S. Case No.18 of 2010 arising out of Shahpur P.S. Case No.180 of
2010.
PN ( Hemant Kumar Srivastava, J.)