Amrendra Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16346 of 2024 Arising Out of PS. Case No.-441 Year-2023 Thana- PIRPAINTI District- Bhagalpur ====================================================== Amrendra Poddar S/O- Jay Prakash Poddar R/O- Saidpura, Baijutola Kulkulia, P.S.- Kahalgaon, Dist.- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pravin Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Pirpainti P.S. Case No. 441 of 2023 dated 04.12.2023 registered for the offences punishable u/ss 8/20(b)(ii)(c), 22 of the N.D.P.S. Act.

3. As per the prosecution case, 10.5 kg Ganja was recovered from the Scorpio vehicle and the petitioner and the co-accused persons were found sitting in the said vehicle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing has been recovered from the conscious possession of the petitioner. The seized contraband is less than commercial quantity. Similarly situated co-accused has already

Patna High Court CR. MISC. No.16346 of 2024(3) dt.16-07-2024 2/2 been granted bail by the co-ordinate bench of this court vide order dated 06.05.2024 passed in Cr. Misc. No. 31711 of 2024. The petitioner has one antecedent as stated in para 3 of the bail petition in which he is on bail. The petitioner is in custody since 04.12.2023 .

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and general and omnibus allegation levelled, as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhagalpur in connection with Pirpainti P.S. Case No. 441 of 2023 with a condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) sadique/- U T