Patna High CourtCR. MISC./26534/2023allowed

Pandav Kumar v. The State Of Bihar

2023-05-23Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26534 of 2023 Arising Out of PS. Case No.-138 Year-2022 Thana- BARAUNI RAIL P.S. District- Begusarai ====================================================== PANDAV KUMAR Son of Ram Pravesh Yadav Resident of Village - Rajajan, P.S.- Mansi, District - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrityunjay Kumar For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 8/20 (b)(ii)(b) of NDPS Act.

As per allegation in the FIR, during checking at platform no. 1 at Barauni Railway Station, petitioner was apprehended with 5.750 gram of ganja like substance.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this Case. No local person was made as a witness of the seizure list rather seizure list witnesses are police personnel. There is complete violation of provision of Section 50 of the NDPS Act. There is no FSL

Patna High Court CR. MISC. No.26534 of 2023(2) dt.23-05-2023 2/2 report to confirm that the seized article is contraband material. The recovered article comes below the commercial quantity. Petitioner is languishing in judicial custody since 10.04.2022. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 1st Begusarai in connection with NDPS Case No. 14 of 2022 arising out of Barauni Rail P.S. Case No. 138 of 2022.

(Sunil Kumar Panwar, J) sushma/- U