Patna High CourtCR. MISC./49076/2023bail granted

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

2023-08-04Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49076 of 2023 Arising Out of PS. Case No.-131 Year-2022 Thana- AAYAR District- Bhojpur ====================================================== VIKASH KUMAR PANDEY @ VIKASH PANDEY @ BABA Son of Ram Ishwar Pandey Resident of village - Diul, P.S.- Jagdishpur, District - Bhojpur ... ... Petitioner/s

Versus

Union of India New Delhi 2.

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

For the Petitioner/s :

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

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-08-2023

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 Ayar P.S. Case No. 131 of 2022 dated 22.11.2022 registered for the offence punishable u/ss 8and 21(b) of the NDPS Act.

4. As per the prosecution case, 112.690 grams of heroin is alleged to have recovered from the pocket of the pant of the petitioner.

Patna High Court CR. MISC. No.49076 of 2023(2) dt.04-08-2023 2/2

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. Learned counsel has further submitted that the seized contraband is not of commercial quantity. The petitioner is accused in two other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 23.11.2022.

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, Bhojpur at Ara in connection with Ayar P.S. Case No. 131 of 2022.

8. The application stands allowed.

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