Brajesh Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18917 of 2023 Arising Out of PS. Case No.-476 Year-2022 Thana- CHHATAUNI District- East Champaran ====================================================== Brajesh Pandey Son Of Late Ramnarayan Pandey R/V- Katahariya P.SKalyanpur Dist- East Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ritesh Verma For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Section 414 of Indian Penal Code and Sections 8(c), 21(c) of N.D.P.S. Act. As per the allegation in F.I.R, 94 grams of Brown Sugar (Smack) like narcotics substance and mobile have been recovered from the possession of the petitioner.

Patna High Court CR. MISC. No.18917 of 2023(2) dt.18-05-2023 2/3 It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. The petitioner has no concern with the alleged recovered contraband. The alleged recovered brown sugar like narcotics substance is lesser than commercial quantity as per N.D.P.S. Act. Moreover, the petitioner is languishing in judicial custody since 08.09.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Similarly situated several coaccused persons have been granted bail by this Court. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Chhatauni P.S. Case No. 476 of

Patna High Court CR. MISC. No.18917 of 2023(2) dt.18-05-2023 3/3 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Vth Additional District & Sessions Judge, East Champaran, Motihari.

(Sunil Kumar Panwar, J) Nirajkrs/- U T