Patna High CourtCR. MISC./30893/2024bail granted

Prince Pankaj v. The State Of Bihar

2024-05-28Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30893 of 2024 Arising Out of PS. Case No.-265 Year-2023 Thana- FORBESGANJ District- Araria ====================================================== Prince Pankaj SON OF VIVEKANAND SAH VILLAGE- Professor colony, Ward No.25 PO AND PS -Forbesganj District -Araria Bihar 854318 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. P.N. Shahi, Senior Advocate :

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

Mr.Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 28-05-2024 Heard Mr. P.N. Shahi learned senior counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Forbesganj P.S. Case No.265 of 2023 corresponding to Special Case No.26 of 2023 lodged under Sections 20 and 22 of the Narcotics Drugs and Psychotropic Substance, 1985.

3. As per the prosecution case, the F.I.R. has been lodged against four named accused persons including the petitioner against whom there is recovery of N.D.P.S. material, which is subject matter of the present case.

4. Learned senior counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that from the contents of F.I.R., it become crystal clear

Patna High Court CR. MISC. No.30893 of 2024(2) dt.28-05-2024 2/3 that the said recovery of N.D.P.S. material has been made from closed Pickup Van.

5. Learned senior counsel further submits that there were two persons arrested and upon the query from the authority, they have disclosed that they have purchased the said medicine from the petitioner's shop for which Rs.19,300/- has been paid. He further submits that the petitioner is a genuine shopkeeper of medicine, namely, Jai Mata Di Enterprises, Hospital Road. He submits that the confession made by them before the police is not correct as the huge quantity of medicine which is definitely not of Rs.19,300/- only.

6. Learned senior counsel for the petitioner submits that petitioner is in custody since 25.01.2024 having clean antecedent and he is ready to fulfill all conditions whatsoever shall be imposed upon him.

7. Learned counsel for the State opposes the prayer for bail.

8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned District and Sessions Judge,

Patna High Court CR. MISC. No.30893 of 2024(2) dt.28-05-2024 3/3 Araria, District Araria or any concerned successor court in connection with Forbesganj P.S. Case No.265 of 2023 corresponding to Special Case No.26 of 2023, subject to the following conditions as laid down under Section 437(3) of Cr.P.C.

(Dr. Anshuman, J.) Prakashmani/- U T