Brij Kishore Pandey @ Timan Pandey @ Vrijkishor Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1004 of 2023 Arising Out of PS. Case No.-411 Year-2022 Thana- KESARIA District- East Champaran ====================================================== Brij Kishore Pandey @ Timan Pandey @ Vrijkishor Pandey Son Of Thakur Pandey Resident Of Village- Kadhan, Ward No.-07, P.S.- Kesariya, DistrictEast Champaran ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Union Of India Through The Director General Of Narcotics Control Bureau, Govt. Of India, New Delhi New Delhi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Ranjan For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 8/20 (b) B/25 of the N.D.P.S. Act.

It is a case of recovery of 1150 grams of Ganza like narcotics substance from the house of the petitioner. It is submitted by learned counsel for the

Patna High Court CR. MISC. No.1004 of 2023(2) dt.27-03-2023 2/3 petitioner that the petitioner is innocent and he has falsely been implicated in the present case. There is no independence witness of the alleged seizure. The alleged seized contraband Ganza is lesser than commercial quantity as per N.D.P.S. Act. Moreover, the petitioner is languishing in judicial custody since 12.08.2022. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

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 petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with N.D.P.S. Case No. 73 of 2022 arising out of Kesariya P.S. Case No. 411 of 2022 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 14th Additional Session Judge-cum-Sessions Judge (N.D.P.S.), East Champaran,

Patna High Court CR. MISC. No.1004 of 2023(2) dt.27-03-2023 3/3 Motihari.

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