Patna High Court - Orders
Devendra Yadav vs The State Of Bihar on 1 August, 2024
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38880 of 2024
Arising Out of PS. Case No.-100 Year-2024 Thana- JAYNAGAR District- Madhubani
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Devendra Yadav S/O Jibachh Yadav R/O Village- Chharapatti, P.S.- Jaynagar,
District - Madhubani ... ... Petitioner/s
Versus
The State of Bihar .. ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate
Mr. Ravi Prakash, Advocate
Mr. Udeshya Kumar Yadav, Advocate
For the Opposite Party/s : Ms. Madhuri Lata, APP
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CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
3 01-08-2024Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Jaynagar Police Station Case No. 100 of 2024 registered for the offence under Sections 420, 414, 489(A), 489(B), 489(C), 489(D), 489(E)/34 of the IPC, Sections 08(C), 21(C), 21(B), 22(C) of NDPS Act and Sections 25(1-b)a/26/35 of the Arms Act.
3. As per the allegation in the FIR, informant reported that he received a confidential information that one Devendra Yadav the petitioner was in dealing of brown sugar and fake currency. In view of information, raid was conducted by the informant and other police personnel. On seeing police party the petitioner started fleeing but he was caught. On search 52 grams of brown sugar, 01 digital weighing machine, 01 live round 08 Patna High Court CR. MISC. No.38880 of 2024(3) dt.01-08-2024 2/3 mm cartridge, 06 pieces of improvised chillims made by Nepali notes commonly used for in healing brown sugar, Rs. 5,110/- Indian currency denomination, Rs. 95,410 Nepali currency denomination Rs. 7800/- Indian FICN were recovered from the Almirah of the house of Devendra Yadav (petitioner). 30 Dhiram UAE currency denomination was found from the pocket of Md. Waseem. On intense interrogation, Devendra yadav disclosed that he bought the brown sugar from one Akaram (resident of Bengal) and sold it to to some Indian and Nepali persons at high cost. Four wheeler and motorcycle were also recovered for which no documents were produced and which appeared to be stolen.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Nothing has been recovered from the possession of the petitioner. He further submits that the petitioner is in custody since 01.04.2024.
5. However, learned APP for the State vehemently opposed the prayer for regular bail.
6. In view of the facts and circumstances of the case and nature of allegation levelled against the petitioner as there is recovery of fake currency and foreign currency and other Patna High Court CR. MISC. No.38880 of 2024(3) dt.01-08-2024 3/3 prohibited articles under NDPS Act from the possession of the petitioner, so considering the recovery of huge quantity of narcotics drugs and psychotropic substance, ammunition and fake currencies, petitioner does not deserve the privilege of bail.
7. Accordingly, the prayer for regular bail of the petitioner is hereby rejected.
(Ramesh Chand Malviya, J) saurabhkr/-
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