Nand Gopal Sah @Painter v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12270 of 2024 Arising Out of PS. Case No.-129 Year-2023 Thana- MEHSI District- East Champaran ====================================================== Nand Gopal Sah @Painter Son Of Rajendra Prasad Resident Of VillageHindu Chakia Ps- Chakia, Dist- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramakant Sharma, Sr. Adv.
Mr. Vikash Pankaj, Adv.
For the Opposite Party/s :
Mr. Parmanand Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-04-2024 Heard learned Senior Counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 8, 21(b), 22, 24, 27-A & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
3. As per the prosecution case, the police intercepted one truck bearing registration of Nepal near NH28 highway on a road going toward Bhutaha Phokhar (villageChapra Gobind) from which 87 bottles x 100ml each of Onrex Cough Syrup and 10 packets of ganja weighting total 112 kgs and two mobile phones from two persons, namely, Prahlad Khugri and Meeran Gumba. It is further alleged that the said
Patna High Court CR. MISC. No.12270 of 2024(3) dt.26-04-2024 2/3 Meeran Gumba disclosed that one Chandeshwar Sad having mobile nos. 9955016753 & +9779815292406 has directed to supply the said contraband substance to the bearers of mobile no. 7258978985 of P.S. Mehsi and also to one 7488721306 i.e. the petitioner of P.S. Chakia.
4. Learned Senior Counsel for the petitioner submits that no such occurrence as alleged ever took place. The petitioner is quite innocent and has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that Chakia comes prior to Mehsi while coming from Nepal but nothing was delivered at Chakia whereas the truck with the entire consignment of contraband was seized as Mehsi. This amply suggest that the petitioner has nothing to do with the alleged seizure and is being falsely implicated. The petitioner has no criminal antecedent and has been languishing in custody since 14.12.2023.
5. Learned APP for the State opposed the bail petition.
6. Considering the facts aforesaid as well as the fact that the petitioner has been made accused in the present case only on the basis of confessional statement of apprehended
Patna High Court CR. MISC. No.12270 of 2024(3) dt.26-04-2024 3/3 person and no contraband article has been recovered from conscious possession of the petitioner, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Mehsi P.S. Case No. 129 of 2023. (Anjani Kumar Sharan, J) anand/- U T