Patna High CourtCR. MISC./35107/2020bail granted

Anish Kumar Pandey v. The State Of Bihar

2021-01-06Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35107 of 2020 Arising Out of PS. Case No.-267 Year-2020 Thana- DUMRAO District- Buxar ====================================================== Anish Kumar Pandey, Son of Uma Shankar Pandey Resident of Ward No. -6, Naya Bhojpur, P.S. Naya Bhojpur (O.P.), District-Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-01-2021 Heard Mr. Ajit Kumar, learned counsel for the petitioner and Mr. Md. Aslam Ansari, learned APP for the State.

The petitioner seeks bail in connection with N.D.P.S. Case No. 20 of 2020, arising out of Dumraon (Naya Bhojpur O.P.) P. S. Case No. 267 of 2020 dated 27.07.2020, instituted for offences under Sections 20(ii) and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

From the possession of the petitioner 4.5 grams of heroin is said to have been recovered, which is stated to be a small quantity.

Patna High Court CR. MISC. No.35107 of 2020(2) dt.06-01-2021 2/2 The petitioner is in custody since 28.07.2020 and is a person of clean antecedents.

It has also been submitted that the recovered narcotic has not been sent to FSL for examination and it is only the guess work of the informant that the article which has been recovered from the petitioner is heroin. Regard being had to the period of custody of the petitioner and the quantum of recovery, he is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District Judge - cum - Special Court, NDPS Act, Buxar, in connection with N.D.P.S. Case No. 20 of 2020, arising out of Dumraon (Naya Bhojpur O.P.) P. S. Case No. 267 of 2020.

The petition stands allowed.

(Ashutosh Kumar, J) skm/- U T