Lakhan Chaudhary @ Lakhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10529 of 2025 Arising Out of PS. Case No.-295 Year-2024 Thana- BIRPUR District- Supaul ====================================================== Lakhan Chaudhary @ Lakhan Son of Ram Kumar Chaudhary Resident of Village - Vaklori, Ward No.- 01, Police Station - Pakli, District - Sunsari, Nepal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun, Advocate For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with NDPS Case No. 71 of 2024, arising out of Birpur PS Case No. 295 of 2024, instituted for the offences under Sections 8(c), 21(b) & 29 of the NDPS Act.

3.

Prosecution allegation, in short, is that 12.110 gram brown sugar was recovered from the possession of the petitioner.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet been submitted in this case. No incriminating material has been recovered from the conscious

Patna High Court CR. MISC. No.10529 of 2025(2) dt.03-03-2025 2/3 possession of the petitioner. Learned counsel for the petitioner further submits petitioner has no concern with the reocvered contraband. The recovered contraband is below the commercial quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. The petitioner is in custody since 19-082024 and has got no criminal antecedent. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act. 5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, recovery below commercial quantity and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with NDPS Case No. 71 of 2024, arising out of Birpur PS Case No. 295 of 2024, subject to the following conditions:

(I) One of the bailors must be own/close member of the family of the petitioner and an Indian resident. (II) The petitioner shall appear on each and every date

Patna High Court CR. MISC. No.10529 of 2025(2) dt.03-03-2025 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T