Laxmi Yadav @ Laxmi Narayan Yadav vs The State Of Bihar on 19 June, 2024

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Patna High Court - Orders

Laxmi Yadav @ Laxmi Narayan Yadav vs The State Of Bihar on 19 June, 2024

Bench: Chandra Prakash Singh

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21316 of 2024
                   Arising Out of PS. Case No.-10 Year-2024 Thana- ANDHRAMATH District- Madhubani
                 ======================================================
                 Laxmi Yadav @ Laxmi Narayan Yadav Son of Late Khushi Lal Yadav
                 Resident of Village- Arnama, P.S. Andhramath, District- Madhubani
                                                                              ... ... Petitioner/s
                                                    Versus
                 The State of Bihar Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. D. K. Sinha, Sr. Advocate
                                                Mr. Mr.Ravi Prakash, Advocate
                 For the Opposite Party/s :     Mrs. Pronoti Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH
                 SINGH
                                       ORAL ORDER

4   19-06-2024

Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Andhramath P.S. Case No. 10 of 2024, dated 17.01.2024 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act and u/s 21/27 of N.D.P.S. Act.

3. As per the prosecution case, a cartoon and a black colored bag containing drugs have been recovered from the terrace of Laxmi Yadav (petitioner) and a cartoon containing medicines was recovered from the shop of the petitioner and the co-accused Dheeraj Kumar Yadav was found sitting there.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in Patna High Court CR. MISC. No.21316 of 2024(4) dt.19-06-2024 2/4 this case. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner has no concern with the alleged recovery. The petitioner is in judicial custody since 29.01.2024. There is a delay of one day in lodging the F.I.R.

5. Learned A.P.P. for the State also placed reliance on the judgment in the case of Hira Singh and Anr. Vs. Union of Indian and Anr. (2020)20 Supreme Court Cases 272 of Hon'ble Apex Court has held that "weight of entire materials/mixture along with neutral material is to be considered for ascertainment of weather the quantity is "small quantity" or "commercial quantity". The seized contraband is of commercial quantity. He also submits that the seized contraband quantity belongs to the petitioner which is more than commercial quantity. Total 106 tablets of Nitroposum-10, 847 tablets of Nitravet-10, 627 injections of Abbott (2 ml. each), 600 injections of Diazepam (2 ml. each) were recovered from the petitioner's terrace.

List of Seized Items:

          Sr.              Particulars                 Quantity
          No.
          1.       Onerax 100 ml. syrup             132 bottle    Chlorphenamine
                                                                  and codeine
          2.       Codiwell syrup 100 ml.           100 bottle    Codeine
                                                                  phosphate
          3.       Nitrosun- 10 tablet             106 Nos        Nitrazepam

Patna High Court CR. MISC. No.21316 of 2024(4) dt.19-06-2024 3/4

4. Carispas-1 154 Nos Urispas contains Flavoxate

5. Nitravet- 10 tablet 847 Nos Nitrazepam

6. Abbott 2 ml. Injection 627 Nos Amoxyclav+ (Phenergan) Clavulanic Acid

7. Leegesic 2 ml injection 600 Nos Diclofenac, Paracetamol and Chlorzoxazone

8. Diazepam 2 ml injection 733 Nos Entry No: 194, NDPS Act

9. Sterile hypodermic 89 Nos syringe 3 ml

10. Sword 02 Nos

11. Mobile- Vivo Model no- 01 No v2221, Serial no-

10hcc30azk00051

12. Motorcycle Hero 01 No Splendor (Black Colour) No- BR 50 V 2958 As per Section 37 of the N.D.P.S. Act, the two conditions are that the Court should be satisfied with:-

(i) There are reasonable ground for believing that the accused is not guilty of such offence; and

(ii) He is not likely to commit any offence while on bail.

If either of these two conditions is not satisfied, the bar operates and the accused cannot be released on bail. The Court is of the opinion that the parameters of bail available under Section 37 of the Act have not satisfied in the facts of the Patna High Court CR. MISC. No.21316 of 2024(4) dt.19-06-2024 4/4 instant case.

The Hon'ble Supreme Court in the case of Narcotics Control Bureau v. Mohit Aggarwal 2022 SCC Online SC 891 has held that " The length of the period of his custody or the fact that the charge-sheet has been filed and the trial has commenced are by themselves not considerations that can be treated as persuasive grounds for granting relief to the respondent under Section 37 of the N.D.P.S. Act."

6. Considering the aforesaid facts and circumstances of the case as well as the recovery of commercial quantity from conscious possession of the petitioner, I am not inclined to enlarge the petitioner on bail.

7. Accordingly, the prayer for bail petition of the petitioner stands rejected.

(Chandra Prakash Singh, J) Ranjeet/-

U       T

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Patna High Court - Orders