Pintu Rao v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32256 of 2025 Arising Out of PS. Case No.-27 Year-2025 Thana- Excise P.S. District- Nawada ====================================================== Pintu Rao S/O Amarjeet Rao Resident of Village- Bhavnauli, P.S.- Sewarhi, District- Kushi Nagar (UP) ... ... Petitioner/s
Versus
The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Man Mohan Kumar, Adv.
For the State :
Mr. Arun Kumar Singh, APP.
====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 21-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the offences punishable under Section 8(b), 20(b)(ii)b, 27(a) of the NDPS Act.
3. The allegation in the FIR is that in course of checking of vehicles, the police force intercepted a vehicle and on search at seat nos. 8 & 9, two passengers along with their bags were sitting and on query, disclosed their name as Anurag Yadav and Pintu Rao. On search, 5.746 kg ganja in six packets were recovered from the bag of this petitioner, namely, Pintu Rao, whereas 4.841 kg ganja kept in five packets were recovered from backpack of co-accused Anurag Yadav. In the same transaction, the recovery was made from other accused persons
Patna High Court CR. MISC. No.32256 of 2025(2) dt.21-05-2025 2/3 also.
4. Learned counsel for the petitioner submits that the petitioner was only a passenger in the bus and he has falsely been implicated in the present case by showing the recovery of contraband from his bag. It is further submitted that there is violation of Section 50 of the NDPS Act. It is next submitted that the recovery has actually been made from a bag which was kept in an abandoned condition and the same does not belong to the present petitioner. Further, it is submitted that the recovery is of 5.746 kg which is a little over small quantity but much less than commercial quantity. It is next submitted that charge sheet has already been submitted against the petitioner and he has been languishing in custody since 16.01.2025. It is further submitted that petitioner has no criminal antecedent and he also undertakes to cooperate in the trial.
5. Learned APP for the State, however, opposes the prayer for bail.
6. Considering the above-mentioned facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court
Patna High Court CR. MISC. No.32256 of 2025(2) dt.21-05-2025 3/3 below where the case is pending/successor Court in connection with Excise P.S. Case No. 27 of 2025.
7. However, the petitioner shall remain physically present in the learned court below on each and every date during trial till the charges are framed in the present case. (Soni Shrivastava, J) divyanshi/- U T