Patna High CourtCR. MISC./20207/2021bail granted

Pintu Pandey v. The State Of Bihar

2021-07-09Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20207 of 2021 Arising Out of PS. Case No.-293 Year-2020 Thana- NAWANAGAR District- Buxar ====================================================== PINTU PANDEY SON OF JANESHWAR PANDEY R/O VILLAGEAGRERKALA, AGRER KHURD, P.S.- SURYAPURA, DISTRICTROHTAS. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhaneshwar Prasad Gupta For the Opposite Party/s :

Mr.Jai Narayan Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-07-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard both parties.

The petitioner seeks bail in Nawanagar (Basudeva OP) P.S. Case No. 293 of 2020 corresponding to NDPS Case No. 29 of 2020, registered for the offence punishable under Sections 20(b)(ii)(c), 22(b) of the NDPS Act. As per the prosecution case, cash of Rs. 2,000/- has been recovered from possession of this petitioner and 9.3 Kg of Heroin was recovered from co-accused Vinod Kumar Pandey. It is submitted on behalf of the petitioner that no incriminating article has been recovered from possession of this petitioner. Petitioner claims clean antecedent and he is in

Patna High Court CR. MISC. No.20207 of 2021(2) dt.09-07-2021 2/2 custody since 20.08.2020.

Considering the fact that no contraband material has been recovered from possession of petitioner and has clean antecedent, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned District Judge-cum-Special Judge, NDPS Act, Buxar in connection with Nawanagar (Basudeva OP) P.S. Case No. 293 of 2020 corresponding to NDPS Case No. 29 of 2020, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) 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. (Prabhat Kumar Singh, J) vinita/- U T