Patna High CourtCR. MISC./39285/2024bail granted

Pintu Kumar Yadav v. The State Of Bihar

2024-05-29Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39285 of 2024 Arising Out of PS. Case No.-28 Year-2024 Thana- BIRPUR District- Supaul ====================================================== Pintu Kumar Yadav S/O Late Baidyanath Yadav R/O Village- Samda, P.SRatanpur, Distt.- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Shekhar Singh, Adv.

For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Birpur (Bhimnagar O.P.) P.S. Case No. 28 of 2024, lodged on 22.01.2024 under Sections 21(b)/22(b) of the NDPS Act, 1985.

3. As per the prosecution case, FIR has been lodged against the present petitioner. Total 150 Nitravet 10 tablets and 2.2 litres of WISCOF Cough Syrup has been recovered which is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the alleged recovered material does not belongs to the petitioner. Counsel further submits that the criminal antecedent of the petitioner is clean and he is in

Patna High Court CR. MISC. No.39285 of 2024(2) dt.29-05-2024 2/2 custody since 23.01.2024. Counsel further submits that the petitioner is basically the victim in this case due to the reason that he is running a local general shop in Indo-Nepal border area and the police has unnecessarily made him accused in this case. Counsel also submits that the recovered quantity of both the psychotic substance as well as manufactured drug was more than the small quantity but less than the commercial quantity.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. 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 Additional Sessions Judge-Icum-Special Judge, NDPS, Supaul in connection with Birpur (Bhimnagar O.P.) P.S. Case No. 28 of 2024, subject to the conditions as laid down U/s 437(3) Cr.P.C.

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