Patna High CourtCR. MISC./46429/2023bail granted

Pintu Kumar v. The State Of Bihar

2023-08-02Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46429 of 2023 Arising Out of PS. Case No.-514 Year-2022 Thana- GARDANIBAG District- Patna ====================================================== Pintu Kumar, S/O Raj Kumar Rai R/O Village- Dhira Chak, Anishabad, Ps. Gardanibag, Dist. Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rina Sinha For the Opposite Party/s :

Mr.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

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

3. The petitioner has preferred this application for grant of regular bail in connection with Special Case No. 174/ 2022 arising out of Gardanibag P.S. Case No. 514 of 2022 dated 07.09.2021 registered for the offences punishable u/s 22(b) of the N.D.P.S. Act.

4. As per the prosecution case, the petitioner and the co-accused persons were apprehended with smack. On search, 8.23 gms smack was recovered from the right pocket of the pant

Patna High Court CR. MISC. No.46429 of 2023(2) dt.02-08-2023 2/2 of the petitioner.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the seized contraband is not of commercial quantity. No incriminating article has been recovered from the possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 07.09.2022.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna in connection with Special Case No. 174/ 2022 arising out of Gardanibag P.S. Case No. 514 of 2022.

8. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T