Patna High CourtCR. MISC./18700/2021bail granted

Pankaj Kumar v. The State Of Bihar

2022-01-27Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18700 of 2021 Arising Out of PS. Case No.-125 Year-2020 Thana- MATIHANI District- Begusarai ====================================================== PANKAJ KUMAR SON OF NAGO MAHTO R/O VILLAGE- SIMARIYA GHAT, BIND TOLI, P.S.- BARAUNI, CHAKIA, DISTRICT- BEGUSARAI. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Pandey For the Opposite Party/s :

Mr.Aditya Narayan Singh-I ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 27-01-2022 Heard the parties through video conferencing. Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner, who is in custody since 23.09.2020, seeks regular bail in connection with N.D.P.S. Case No. 13 of 2020, arising out of Matihani P.S. Case No. 125 of 2020, for the offence punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act and Section 20(B)(II)(b)/22 of the N.D.P.S. Act. The prosecution case, in brief, is that a loaded pistol and cartridges were recovered from the possession of the petitioner.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.18700 of 2021(7) dt.27-01-2022 2/3 submits that petitioner is innocent and he has falsely been implicated in this case. He further submits that nothing has been recovered from the possession of the petitioner, the alleged marijuana has been recovered from the hut, which does not belong to the petitioner and as such no case under N.D.P.S. Act is made out against the petitioner.

Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

Considering the aforementioned facts and circumstances of the case, prima facie in absence of any seizure of marijuana from the possession of the petitioner, no case under N.D.P.S. Act is made out against the petitioner and considering the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-I-cumSpecial Judge, NDPS Act, Begusarai in connection with N.D.P.S. Case No. 13 of 2020, arising out of Matihani P.S. Case No. 125 of 2020, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

Patna High Court CR. MISC. No.18700 of 2021(7) dt.27-01-2022 3/3

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) manish/- U T