Deewakar Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75447 of 2023 Arising Out of PS. Case No.-617 Year-2023 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== DEEWAKAR PANDEY Son of Late Shatrudhan Pandey Resident of village - Ward No.- 19 Purana Thana, P.S.- Bhabhua, District - Bhabhua. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Union of India through N.D.P.S. New Delhi ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kiran Kumari Sharma For the Opposite Party/s :
Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for bail in a case registered for the offence punishable under sections 8(C), 21(b), 22, 27(A), 29 of the NDPS Act.
Prosecution case relates to recovery of 1.8 gram heroin from possession of the eptitioner.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this Case. There is complete violation of provision of Section 50 of the NDPS Act. There is no FSL report to confirm that the seized article is contraband material. The recovered article comes below the
Patna High Court CR. MISC. No.75447 of 2023(2) dt.29-11-2023 2/2 commercial quantity. Petitioner has got no criminal antecedent and languishing in judicial custody since 8.7.2023. Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum-Special Judge, Kaimur at Bhabhua in connection with Bhabhua P.S. Case No. 617 of 2023. (Sunil Kumar Panwar, J) sushma/- U