Mukesh Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39495 of 2024 Arising Out of PS. Case No.-283 Year-2023 Thana- KASBA District- Purnia ====================================================== Mukesh Pandey S/O Late Mahadev Pandey R/O Village-Manikpur, ward no.- 02, P.S. Simraha, Distt-Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramesh Kumar Singh, Advocate For the Opposite Party/s :
Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-07-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with Kasba P.S. Case No.283 of 2023, lodged on 08.08.2023, corresponding to Suppl. Special Case No.99 of 2023, under Sections 8(c)/21(c)/25 of the N.D.P.S. Act.
3. As per the prosecution, FIR has been lodged against five named accused persons including the petitioner. Total recovery of 294 bottles, each containing 100 ML, total 29.4 liters, of Codeine Phosphate and Chlorpheniramine Maleate Syrup has been made.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Nothing has been recovered from his possession. He is neither owner
Patna High Court CR. MISC. No.39495 of 2024(4) dt.20-07-2024 2/3 nor driver of the vehicle. Counsel submits that the only allegation has come that the material has to deliver to the petitioner and he is the person who had provided the vehicle to the other accused persons. Learned counsel submits that it is the first case of N.D.P.S. Act though criminal antecedent of the petitioner is not clean. There are total ten criminal cases, as mentioned in the order sheet, but in two cases he has been acquitted. Therefore, he has mentioned only eight criminal cases in para-3 of the petition.
5. Learned counsel for the State opposes the prayer for bail and submits that the antecedent of the petitioner is not clean. There are presently, as per his submission, eight criminal cases pending against the petitioner and that aspect may be taken into consideration while granting bail.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner, above named, be granted bail only after framing of the charge, if not framed, and on being satisfied that petitioner is not absconding in the following cases, i.e., (i) Forbesganj P.S. Case No.916 of 2018, (ii) Forbesganj P.S. Case No.997 of 2018, (iii) Forbesganj P.S. Case No.1014 of 2018, (iv) Forbesganj P.S. Case No.453 of 2019, (v) Forbesganj P.S.
Patna High Court CR. MISC. No.39495 of 2024(4) dt.20-07-2024 3/3 Case No.424 of 2019, (vi) Forbesganj P.S. Case No.457 of 2019, (vii) Forbesganj (Simraha) P.S. Case No.916 of 2023 and (viii) Forbesganj P.S. Case No.562 of 2023, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, N.D.P.S. Act, Purnea, in connection with Kasba P.S. Case No. 283 of 2023, corresponding to Suppl. Special Case No.99 of 2023, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure. (Dr. Anshuman, J) Mkr./- U T