Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68676 of 2022 Arising Out of PS. Case No.-632 Year-2022 Thana- AHIYAPUR District- Muzaffarpur ====================================================== PANKAJ KUMAR S/o Late Nandu Rai R/o Village- Bada Jagarnath, P.S.- Ahiyapur, Distt- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Upendra Kumar, Advocate.

For the Opposite Party/s :

Mr. Ajit Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-04-2023 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 from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has preferred this application for grant of regular bail in connection with Ahiyapur P. S. Case No. 632 of 2022, NDPS Case No. 174 of 2022 dated 19.07.2022 registered for the offences punishable under Sections 8/20(b)(ii) (B) of the Narcotic Drugs and Psychotropic Substances Act. As per the prosecution case, total 1 kg. 100 gram ganja was recovered from the house of the petitioner. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.68676 of 2022(2) dt.12-04-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. No such occurrence as alleged has ever taken place. Nothing has been recovered from the conscious possession of the petitioner. Learned counsel has further submitted that the seized contraband is of the small quantity. The petitioner is accused in one more criminal case which related to the similar nature of offence as stated in para 3 of the bail petition. The petitioner is in custody since 20.07.2022.

Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner.

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, Muzaffarpur in connection with Ahiyapur P. S. Case No. 632 of 2022, NDPS Case No. 174 of 2022.

The application stands allowed.

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