Satyam Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36727 of 2023 Arising Out of PS. Case No.-93 Year-2023 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== Satyam Pandey Son of Indrasan Pandey Resident of village - Azad Nagar Hata, P.S. - Chainpur, Distt. - Kaimur (Bhabua) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mithilesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-06-2023 Let the defect(s), if any, be removed within two weeks from today.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner seeks regular bail in connection with Chainpur P.S. Case No. 93 of 2023 dated 17.04.2023, lodged under Sections 8(c), 21(b), 27(A), 29 of the N.D.P.S. Act.

4. As per the prosecution case, the F.I.R. has been lodged against three named accused persons. The total recovery of 10 gm 30 mg heroin like substance in 46 different pouches have been the subject matter of the present case.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that three persons were apprehended from the

Patna High Court CR. MISC. No.36727 of 2023(2) dt.24-06-2023 2/3 motorcycle.

6. Upon recovery, 10gm 30 mg heroin like material have been made from the possession of accused Vishal Kumar. Counsel submits that nothing was recovered from the possession of the petitioner. He submits that the petitioner has taken lift to go to the nearest village in good faith from the accused persons, who is the resident of the same village.

7. Learned counsel for the petitioner submits that the antecedent of the petitioner is clean and he is in custody since 18.04.2023. Counsel specifically submits that since no N.D.P.S. material has been recovered from the petitioner's possession, therefore, no case is made out against the petitioner under N.D.P.S. Act

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

9. 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 Sessions Judge-cum-Special Judge, Kaimur at Bhabua in connection with Chainpur P.S. Case No. 93 of 2023, subject to the conditions as laid down under

Patna High Court CR. MISC. No.36727 of 2023(2) dt.24-06-2023 3/3 Section 437(3) of Cr.P.C.

10. With this observation, the bail application stands allowed.

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