Patna High CourtCR. MISC./60665/2023allowed

Sharda Pandey v. The State Of Bihar

2023-10-17Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60665 of 2023 Arising Out of PS. Case No.-336 Year-2023 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Sharda Pandey Son Of Late Babu Pandey Resident Of Village- Kotarha, PsNautan, Distt- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Adesh Raj For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 8(c), 20(b) (2)(c) of the NDPS Act.

3. Prosecution case relates to recovery of 1 kg of ganja like narcotics substance from the house of co-accused person and this petitioner was apprehended on spot with the coaccused, namely, Babu Nand Yadav at his house.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner and also he has no concern with the seized article. The recovery of the said

Patna High Court CR. MISC. No.60665 of 2023(3) dt.17-10-2023 2/2 material is from the co-accused, namely, Babu Nand Yadav who has already been granted bail by this Court vide order dt. 11.10.2023 in Cr. Misc No. 63939 of 2023. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 03.07.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kuchaikote P.S. Case No. 336 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Gopalganj. (Sunil Kumar Panwar, J) shubham/- U T