Patna High CourtCR. MISC./6346/2024bail granted

Kamlesh Chaudhary v. The State Of Bihar

2024-03-04Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6346 of 2024 Arising Out of PS. Case No.-700 Year-2023 Thana- SHERGHATI District- Gaya ====================================================== Kamlesh Chaudhary S/O Sahdeo Chaudhary Village- Kusabigha Tola, Jairampur, Ps. Dobhi, Dist. Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivendra Prasad, Advocate For the Opposite Party/s :

Mr.Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Sherghatti (Dobhi) P.S Case No. 700/2023 dated 01.07.2023 registered for the offence punishable u/ss 18, 20 and 22 of the N.D.P.S Act.

3. As per the prosecution case, total 10 kg Doda was recovered from the possession of the co-accused, Satyedra who disclosed the name of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The name of the petitioner has sprung

Patna High Court CR. MISC. No.6346 of 2024(2) dt.04-03-2024 2/2 up in the confessional statement of the co-accused, Satyendra. Nothing has been recovered from the possession of the petitioner. The seized contraband is less than commercial quantity.

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Gaya in connection with Sherghatti (Dobhi) P.S Case No. 700/2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T