Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.432 of 2024 Arising Out of PS. Case No.-846 Year-2023 Thana- BARACHATTI District- Gaya ====================================================== Pawan Kumar Son Of Shamsher Singh Resident Of Village- Saadikpur, P.S.- Sidora, District- Yamuna Nagar (Haryana) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Union Of India Through The Narcotic Commissioner, New Delhi India ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar Singh For the State :

Mr.Narsingh Tanti For the Respondent No.2:

Mr. Anshuman Singh, Sr. C.G.C, U.O.I.

Mr. Ranjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 18, 20 and 22 of the N.D.P.S. Act.

As per prosecution case, the petitioner was apprehended on the spot and from a trailer vehicle bearing Reg. No. HR-58B9280, 1kg Doda powder was recovered. Petitioner is said to be driver of the alleged vehicle.

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 incriminating article has been recovered from his conscious possession. Petitioner has

Patna High Court CR. MISC. No.432 of 2024(2) dt.15-01-2024 2/2 no concern with the alleged recovery and recovery of 1 Kg Doda powder is an small quantity as per the N.D.P.S. Act. Both the seizure list witnesses are police personnel which is complete violation of Section 100 of Cr.P.C. The other co-accused namely, Nadim Khan has already been granted bail by another co-ordinate Bench of this court vide order dated 10.01.2024 passed in Cr. Misc. No. 84413 of 2023. Petitioner has got no criminal antecedent and languishing in judicial custody since 09.09.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of 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 Barachatti P.S. Case No.846 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-cum-Special Judge, N.D.P.S. Act, Gaya. (Sunil Kumar Panwar, J) lata/- U T