Vikash Kumar Pandey @ Vikash Pandey @ Baba v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49222 of 2023 Arising Out of PS. Case No.-525 Year-2022 Thana- ARA NAWADA District- Bhojpur ====================================================== VIKASH KUMAR PANDEY @ VIKASH PANDEY @ BABA Son of Ram Ishwar Pandey Residence of village - Diul, P.S.- Jagdishpur, District - Bhojpur ... ... Petitioner/s

Versus

1.

The Union of India New Delhi 2.

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

For the Petitioner/s :

Mr.Sunil Kumar Karn For the Opposite Party/s :

Mr.Dr.Mritunjaya Kr. Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-08-2023

1. 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 Ara Nawada P.S. Case No. 525 of 2022 dated 22.06.2022 registered for the offences punishable u/s 21(b) of the N.D.P.S. Act.

4. As per the prosecution case, on search, 52. gm heroin and 5. gm ganja were recovered from the possession of three co-accused persons who told that they had purchased heroin from the petitioner.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.49222 of 2023(2) dt.17-08-2023 2/2 this case. Nothing has been recovered from the conscious possession of the petitioner. The recovery has been made from the co-accused persons. The petitioner has no concern with the alleged recovery. It is further alleged that the accused persons disclosed the name of the petitioner. The seized contraband is of small quantity. The petitioner is accused in two other criminal cases as stated in para 3 of the bail petition. The co-accused person has already been granted bail by the co-ordinate Bench of this Court vide order dated 17.02.2023 passed in Cr. Misc. No. 62450 of 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, the petitioner above-named, 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, Bhojpur, Ara in connection with Ara Nawada P.S. Case No. 525 of 2022.

8. The application stands allowed.

(Chandra Prakash Singh, J) Alok Verma/- U T