Patna High CourtCR. MISC./66865/2021bail rejected

Pankaj Kumar Pal v. The State Of Bihar

2022-04-13Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66865 of 2021 Arising Out of PS. Case No.-466 Year-2021 Thana- BUXAR District- Buxar ====================================================== PANKAJ KUMAR PAL S/o Late Kesho Prasad Pal Resident of Village - Charitravan, Ward No. 1, P.S. Buxar (T), District - Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bachan Jee Ojha, Advocate For the Opposite Party/s :

Mr. Vinod Shanker Modi, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-04-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks bail in a case registered for the offences punishable under Sections 21, 22 and 27 of the Narcotic Drugs and Psychotropic Substances Act, 1985. Learned counsel for the petitioner submits that the petitioner is in custody since 05.10.2021, charge-sheet has been submitted and has antecedent of two cases.

Allegation is of recovery of 20.069 gm. of heroin like substance from the possession of the petitioner. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case and nothing has been recovered from the possession of the petitioner

Patna High Court CR. MISC. No.66865 of 2021(2) dt.13-04-2022 2/2 and even presuming what has been alleged is true without admitting for the purposes of bail then the alleged recovery is much less than commercial quantity but definitely more than small quantity.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner and submits that the petitioner has one criminal antecedent under the Narcotic Drugs and Psychotropic Substances Act, 1985.

Taking into consideration the submissions made by the learned A.P.P., the Court, for the present, is not inclined to grant bail to the petitioner in connection with Buxar (T) P.S. Case No. 466 of 2021 pending in the Court of learned Sessions Judge-cum-Spl. Court, NDPS Act, Buxar/successor Court. Accordingly, prayer for bail is rejected.

(Satyavrat Verma, J) Kundan/- U T