Pintu Chandravanshi @Pintu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76289 of 2023 Arising Out of PS. Case No.-241 Year-2023 Thana- CHENARI District- Rohtas ====================================================== Satyendra Pandey S/O Vijay Pandey Village- Chenari Dih, Ps. Chenari, Dist. Rohtas ... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 78630 of 2023 Arising Out of PS. Case No.-241 Year-2023 Thana- CHENARI District- Rohtas ====================================================== Pintu Chandravanshi @pintu Singh Son Of Late Ramashish Singh Resident Of Village- Jalalpur, Ps- Karamchat Sabar, Distt- Kaimur At Bhabua ... ... Petitioner/S

Versus

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

(In CRIMINAL MISCELLANEOUS No. 76289 of 2023) For the Petitioner/s :

Mr.Shashikant For the Opposite Party/s :

Mr.Umeshanand Pandit (In CRIMINAL MISCELLANEOUS No. 78630 of 2023) For the Petitioner/s :

Mr.Saroj Kumar For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-01-2024 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 8/20(b)(ii)(B) of N.D.P.S. Act. As per the allegation in F.I.R, 10 kg of Ganza like

Patna High Court CR. MISC. No.76289 of 2023(3) dt.19-01-2024 2/3 narcotics substance has been recovered from a Tempo bearing Reg. No. BR-45P-5012. Petitioners are apprehended on spot.

It is submitted by learned counsel for the petitioners that the petitioners are innocent and they have falsely been implicated in the present case. They have no concern with the alleged recovered contraband. Nothing incriminating has been recovered from the conscious possession of the petitioners. The alleged recovered Smack like narcotics substance is lesser than commercial quantity as per N.D.P.S. Act. There is no independent witness of the alleged seizure. Petitioner in Cr. Misc No. 76289 of 2023, namely, Satyendra Pandey was passenger and petitioner in Cr. Misc. No. 78630 of 2023, namely, Pintu Chandravanshi was driver of the aforesaid Tempo. Moreover, the petitioners are languishing in judicial custody since 08.08.2023. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Patna High Court CR. MISC. No.76289 of 2023(3) dt.19-01-2024 3/3 Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail, after framing of charge, if not framed, in connection with Chenari P.S. Case No. 241 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Rohtas at Sasaram.

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