Chhotu Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4756 of 2020 Arising Out of PS. Case No.-68 Year-2018 Thana- DANIYAWAN District- Patna ====================================================== CHHOTU CHAUHAN S/o Sita Ram Chauhan R/o village- Sonaru, P.S.- Fatuhan, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Singh For the Opposite Party/s :

Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 20 and 22 of the N.D.P.S. Act. The earlier bail application of the petitioner was rejected vide Annexure-1 to the present application taking into account that there was a recovery of 102.1 kg. Ganja.

A report was called for from the Court below. It has been reported regarding the stage of the case. The same is kept at Flag-A. It appears from the report that the trial is not going to be concluded in near future.

Patna High Court CR. MISC. No.4756 of 2020(3) dt.10-06-2020 2/2 It has been submitted on behalf of the petitioner that the petitioner is in custody since 25.5.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The contraband is said to have been recovered from the house of Rajni Devi. There is no recovery from the conscious possession of the petitioner. Other co-accused has been granted bail vide Annexure-3 to the present application. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the facts and circumstances of the case and also the lockdown, the petitioner above named, is directed to be released on bail on his personal bond to the satisfaction of learned Sessions Judge/ Special Judge, Patna in connection with Special Case No. 51 of 2018 arising out of Daniyawan P.S. Case No. 68 of 2018. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of four weeks to the satisfaction of the Court concerned in connection with the aforesaid case. (Sudhir Singh, J) Pankaj/- U T