Pankaj Kumar @ Pankaj Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29060 of 2024 Arising Out of PS. Case No.-58 Year-2020 Thana- INDUSTRIAL District- Bhagalpur ====================================================== Pankaj Kumar @ Pankaj Mandal S/o- Lakshman Mandal Village- Nawabganj Basa Tola, PS- Kursela Dist- katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-09-2024 1.

Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks regular bail in connection with Industrial PS case no. 58 of 2020 instituted for the offences punishable under Sections 20, 22 of N.D.P.S. Act. 3.

The prosecution story, as per the First Information Report, is that on 27.06.2020, on secret information that an Ambassador car and a Swift Desire car were coming from Jharkhand loaded with Ganja, the police party conducted checking and upon chase, two persons out of the three were caught by the police party. On enquiry, they revealed their names as Pankaj Kumar (petitioner) and Md. Murad @ Jamuni. Upon search, 35 packets of illicit ganja (01 kg each) recovered from Ambassador car and 15 packets of illicit ganja (01 kg

Patna High Court CR. MISC. No.29060 of 2024(3) dt.06-09-2024 2/3 each) recovered from Swift Desire car but the petitioner did not produce any document of the recovered illicit ganja. 4.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due to grudge of the police personnel. Learned counsel further submits that nothing has been recovered from the conscious possession of the petitioner. He also submits that this is the fourth attempt on behalf of the petitioner for grant of regular bail, inasmuch as the petitioner is stated to be in custody since 28.06.2020. 5.

This Court vide order dated 02.08.2024 called for a report from the learned Additional Sessions Judge-VIII, Bhagalpur, pursuant thereof, a report vide letter no. 77/ dated 13.08.2024 has been received wherein the learned Additional Sessions Judge has stated that the case is at the stage of prosecution evidence, charge has been framed, out of nine charge-sheet, seven witnesses have been examined. It is further stated that only two witnesses are yet to be examined and approximately, four months' time is likely to be consumed for completion of the trial.

6.

Regards being had to the submissions made by the parties, taking into consideration the report of the learned Additional Sessions Judge, I am not inclined to grant regular

Patna High Court CR. MISC. No.29060 of 2024(3) dt.06-09-2024 3/3 bail to the petitioner at this stage. The same is, hereby, dismissed.

7.

However, the petitioner will be at liberty to renew his prayer for bail after four months.

(Anil Kumar Sinha, J) rinkee/- U T