Pinkesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64098 of 2023 Arising Out of PS. Case No.-275 Year-2023 Thana- BAISI District- Purnia ====================================================== PINKESH KUMAR Son of Devendra Prasad Singh R/o vill - Uttari, Rajendra Nagar, ward no. 18, Khagaria, P.S. - Chitragupt Nagar, Distt. - Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :
Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-12-2023
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Baisi P.S. Case No. 275 of 2023, registered under sections 8/20(b)(ii) B of the NDPS Act.
3. As per prosecution case, 10.661 Kg. ganja was recovered from the possession of the petitioner.
4. Learned counsel for the petitioner submits that no incriminating article was recovered from the petitioner's possession and the allegedly recovered articles may be belonging to some other passenger. The petitioner has no antecedent under NDPS Act. He is in custody since 2.7.2023 and chargesheet has been submitted in the case.
Patna High Court CR. MISC. No.64098 of 2023(3) dt.06-12-2023 2/2
5. The application for bail is opposed by learned A.P.P for the State.
6. Having heard learned counsel the parties and taking into consideration the nature of allegation against the petitioner, the alleged recovery being below the commercial quantity, petitioner not having any antecedent under the NDPS Act, his being in custody since 2.7.2023 and chargesheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Baisi P.S. Case No. 275 of 2023, on furnishing bail bond of Rs. 10,000- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge NDPS Act, Purnea.
(Partha Sarthy, J) Harsh U T