Dhananjay Pandey @ Chutun Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67834 of 2023 Arising Out of PS. Case No.-413 Year-2023 Thana- GOVINDGANJ District- East Champaran ====================================================== Dhananjay Pandey @ Chutun Pandey S/O Ramadhar Pandey R/O VillageBarahima, P.S- Sidhbaliya, Distt.- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-11-2023 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 29(b)(ii), 23(b) and 29 of the NDPS Act.

3. Prosecution case relates to recovery of one mobile phone from the possession of the petitioner. Further from the house of the other co-accused person, namely, Mohan Sah, 19 kg and 700 grams of ganja like narcotics substance has been recovered.

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

Patna High Court CR. MISC. No.67834 of 2023(2) dt.01-11-2023 2/2 from the conscious possession of the petitioner and also he has no concern with the seized ganja like substance. The recovery has been made from the possession of the other co-accused person. Moreover, the petitioner is languishing in judicial custody since 17.07.2023.

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 Govindganj P.S. Case No. 413 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/Special Judge, East Champaran, Motihari.

(Sunil Kumar Panwar, J) Shubham/- U T