Pintu Kumar Sriwastwa @ Pintu Lal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3760 of 2017 Arising Out of PS.Case No. -295 Year- 2016 Thana -UDWANTNAGAR District- BHOJPUR ====================================================== Pintu Kumar Sriwastwa @ Pintu Lal, S/o -Suresh Lal, Resident of VillageNeknam Tola, P.s.-Barhara, District-Bhojpur at Ara. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhakar Singh, Advocate. For the Opposite Party/s : Mr. Parmanand Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-02-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in N.D.P.S. Case No. 16A of 2016 arising out of Udwant Nagar P.S. Case No. 295 of 2016 instituted for the offence under Section 20(B)(II)(C)/22(C) of N.D.P.S. Act.

It is alleged that police received secret information that some miscreants were carrying Ganja in two vehicles. The police laid trap and stopped both the vehicles. From the 1st vehicle, 24.350 kg. Ganja was recovered and five persons were apprehended including co-accused Suresh Lal whereas from other vehicle 94.800 kg. Ganja was recovered and two persons were apprehended. At the instance of co-accused Suresh Lal, 65.250 kg. Ganja was further recovered from the house of coaccused Gopal Prasad. The co-accused Suresh Lal disclosed the name of the petitioner for being indulged in trade of Ganja with

Patna High Court Cr.Misc. No.3760 of 2017 (3) dt.28-02-2017 2/2 other co-accused. It is further stated that the petitioner fled away from the vehicle.

It has been submitted that the petitioner is son of coaccused Suresh Lal. There is no recovery from his possession. He was not apprehended on the spot.

From the order of learned Sessions Judge, it appears that there is no recovery from his possession. His name has been disclosed by co-accused Suresh Lal who is father of the petitioner. The petitioner is said to be in custody since 4.1.2017. It is mentioned in paragraph-3 that the petitioner has no criminal antecedent.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Bhojpur at Ara, in connection with Udwant Nagar P.S. Case No. 295 of 2016, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T