Patna High Court – Orders
Sintu Kumar Yadav vs The State Of Bihar on 5 March, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.705 of 2025
Arising Out of PS. Case No.-748 Year-2022 Thana- KOTWALI District- Patna
======================================================
Sintu Kumar Yadav S/O Naresh Yadav R/O Village- Naya Tola Jurabganj, Ps-
Korha, District- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarvesh Kashyap, Advocate
For the Opposite Party/s : Mr. Rajendra Prasad Nat, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 05-03-2025
Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Kotwali P.S. Case No. 748 of 2022, instituted for the offences
under Sections 401, 414, 419, 420, 467, 468, 471/34 of the
Indian Penal Code read with Sections 25(1-B)(a), 26 and 35 of
the Arms Act, Sections 8(c) and 21(b) of the NDPS Act.
3. Prosecution allegation, in short, is that there is
recovery of total 12.77 gm of smack in this case and one
country made pistol from co-accused person out of which 3.64
gm smack has been recovered from the possession of this
petitioner.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.705 of 2025(3) dt.05-03-2025
2/3
petitioner is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case as
well as charge has also been framed against the petitioner. No
incriminating material has been recovered from the conscious
possession of the petitioner. Learned counsel for the petitioner
further submits that the petitioner has got no concern with the
alleged recovery of arms and smack. The recovered contraband
is below the commercial quantity. Hence, Section 37 of the
N.D.P.S. Act is not applicable in the present case. The petitioner
is in custody since 21.11.2022 and has got fifteen criminal
antecedents. There is no compliance of Sections 42 and 50 of
the N.D.P.S. Act. Other co-accused has been granted bail by this
Court vide order dated 03-03-2025, passed in Cr. Misc. No.
11379 of 2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, the recovered contraband being below the
commercial quantity and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs.10,000/- (Ten thousand) with two sureties of
Patna High Court CR. MISC. No.705 of 2025(3) dt.05-03-2025
3/3
the like amount each to the satisfaction of Court
below/concerned Court in connection with Kotwali P.S. Case
No. 748 of 2022, subject to the following conditions:
(I) One of the bailors shall be own/close member of the
family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T