Patna High CourtCR. MISC./31711/2024bail granted

Anil Kumar Modi v. The State Of Bihar

2024-05-06Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31711 of 2024 Arising Out of PS. Case No.-441 Year-2023 Thana- PIRPAINTI District- Bhagalpur ====================================================== 1.

Anil Kumar Modi Son Of Late Bishnu Prasad Modi Resident Of VillageKhanpur, P.S.- Pirpainty, District-Bhagalpur 2.

Abhishek Kumar Son Of Ashok Modi Resident Of Village- Khanpur, P.S.- Pirpainty, District-Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Manoj Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-05-2024 Heard learned counsel for the petitioners and learned A.P.P for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Pirpainty P.S. Case No. 441 of 2023 dated 04.12.2023, registered for the offences punishable u/s 8, 20b, (II)B (C), 22 of the Narcotic Drugs and Psychotropic Substance Act, 1985.

3. As per the prosecution case, total 10.5 Kg. of ganja was recovered from the Scorpio.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners have no criminal

Patna High Court CR. MISC. No.31711 of 2024(2) dt.06-05-2024 2/2 antecedent as stated in para 3 of the bail petition. The petitioners are uncle and nephew. The petitioners have no concern with the alleged recovery. The petitioners are neither the driver nor owner of the seized Scorpio. The seized contraband is less than commercial quantity. The petitioners are in custody since 05.02.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as their period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhagalpur in connection with Pirpainty P.S. Case No. 441 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) Ranjeet/- U T