Kaushal Kumar @ Chhotan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3350 of 2020 Arising Out of PS. Case No.-16 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== Kaushal Kumar @ Chhotan Singh Son of Rajeshwar Singh Resident of Village- Gola Mubarakpur, P.S.- Manjhi, P.O.- Mubarakpur, Distt- Saran (Chapra) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Union of India Through Director, Narcotics Control Bureau India ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dipak Kumar, Advocate For the Opposite Party/s :

Mr.Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 01-06-2020 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner who is in custody since 8.11.2019 has filed the instant application for grant of regular bail in connection with NDPS Case no. 57 of 2019 (arising out of case no. NCB/PZU/V/16/2019) registered under sections 20, 25 and 29 of the NDPS Act.

As per allegation in the complaint, on the vehicle being intercepted by the police team, on search 62 kg dried brown coloured substance believed to be ganja was recovered from the possession of one Jitendra Prasad. The said Jitendra Prasad stated that the seized Ganja was loaded in his vehicle by the appellant and one Vinod Sharma.

It is submitted by learned counsel for the petitioner that the petitioner was not caught at the spot nor any

Patna High Court CR. MISC. No.3350 of 2020(3) dt.01-06-2020 2/2 incriminating article has been recovered from his possession. He has been falsely implicated on the basis of confessional statement of Jitendra Prasad made before the police. The petitioner has no criminal antecedent and is in custody 8.11.2019.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts that the petitioner was not arrested at the spot, his name transpired in the confession of a co-accused before the police, he has no criminal antecedent and is in custody since 8.11.2019, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with NDPS Case no. 57 of 2019 (arising out of case no. NCB/PZU/V/16/2019) on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge/Special Judge, East Champaran, Motihari. (Partha Sarthy, J) Prakash/- U