Vinod Kumar Pandey @ Vinod @ Dal Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11467 of 2021 Arising Out of PS. Case No.-293 Year-2020 Thana- NAWANAGAR District- Buxar ====================================================== VINOD KUMAR PANDEY @ VINOD @ DAL PANDEY S/O BIRENDRA PANDEY @ VIRENDRA PANDEY R/o village- Agarer Khurd, P.S.- Suryapura, District- Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Mr.Rahul Nath For the Opposite Party/s :
Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-09-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding. The petitioner seeks bail in connection with Nawanagar (Basudeo O.P.) P.S. Case No.293 of 2020, registered for the offence punishable under Sections 20(b) (II) (c) 22(b) of the N.D.P.S. Act 1985.
It is alleged that 9.30 gm of Heroine like narcotic substance has been recovered from the possession of the petitioner.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. No offence as alleged has ever taken place. He has been falsely implicated in this case. No
Patna High Court CR. MISC. No.11467 of 2021(3) dt.10-09-2021 2/2 incriminating article has been recovered from the conscious physical possession of the petitioner. The seized contraband of 9.30 gm is less than the commercial quantity. On the alleged date, some altercation took place at the time of raid and the name of petitioner has been included in the F.I.R. while the main culprit fled away. The petitioner has no criminal antecedent and has been languishing in custody since 20.8.2020. Learned APP for the State opposed the prayer for bail. Considering the facts and circumstances of this case, since the seized contraband was though less than commercial quantity but was more than small quantity, as such, I am not inclined to grant bail to the petitioner named above. Bail application is hereby dismissed.
However, petitioner may renew his prayer for bail after six months from today.
(Anjani Kumar Sharan, J) pallavi/- U T