Patna High CourtCR. MISC./31050/2024bail granted

Raj Kumar Pandey v. The State Of Bihar

2024-04-30Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31050 of 2024 Arising Out of PS. Case No.-155 Year-2024 Thana- Excise P.S. District- Kaimur (Bhabua) ====================================================== RAJ KUMAR PANDEY SON OF SUBHASH CHANDRA PANDEY @ SUBASH PANDEY RESIDENT OF VILLAGE - DUGUTHUA, WARD NO. 13, POST - KUDDI, P.S. - CHAND, DISTRICT - KAIMUR AT BHABUA ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Sunil, Adv.

For the Opposite Party/s :

Mr.Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-04-2024 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 Excise P.S. Case No. 155 of 2024 dated 23.02.2024 registered for the offences punishable u/ss 20 (b)(ii) (a), 22 (A) of the NDPS Act.

3. As per the prosecution case, total 32 kgs. of Ganja was recovered from the possession of four co-accused persons who were sitting in the Tempo, driven by the petitioner. When police intercepted the tempo they tried to flee away but were apprehended.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the

Patna High Court CR. MISC. No.31050 of 2024(2) dt.30-04-2024 2/2 said recovery. The said recovery was made from the co-accused persons. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 23.02.2024.

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 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, Kaimur at Bhabhua in connection with Excise P.S. Case No. 155 of 2024 with the 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) guddukr/- U T