Chandan Kumar Yadav @ Chandan Kumar @ Chandan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4576 of 2024 Arising Out of PS. Case No.-288 Year-2023 Thana- BIRPUR District- Supaul ====================================================== Chandan Kumar Yadav @ Chandan Kumar @ Chandan Yadav S/O MAHENDRA ROHITA @ MAHENDRA YADAV VILLAGE- LALPUR, WARD NO. 2, PS.- BIRPUR,DIST. SUPAUL ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-02-2024 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 8/20(b) (ii) (c) of the N.D.P.S. Act.

As per FIR, co-accused was apprehended on the spot along with a Scorpio and during investigation total 50 kg ganja was recovered.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in the present case merely on the basis of confessional statement of the apprehended co-accused person. The petitioner has no concern with the alleged recovery

Patna High Court CR. MISC. No.4576 of 2024(2) dt.06-02-2024 2/2 and he was also not apprehended on the spot. Neither the petitioner is owner of the seized vehicle nor he has any concern with the alleged co-accused persons. Nothing incriminating article has been recovered from the conscious possession of the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 06.11.2023. 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, this court is inclined to enlarge the petitioner on bail after framing of charge, if not framed. The above named petitioner is directed to be released on bail in connection with (Birpur Bhimnagar O.P.) P.S. Case No. 288 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, Supaul. (Sunil Kumar Panwar, J) Manishkumar/- U T