Patna High CourtCR. MISC./16316/2024bail granted

Vivek Lami Chhami v. The State Of Bihar

2024-05-16Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16316 of 2024 Arising Out of PS. Case No.-106 Year-2017 Thana- RAXAUL District- East Champaran ====================================================== Vivek Lami Chhami S/O Late Sagar Lami Chhami R/O Village- Virta Chowk, P.S- Chimani Park, Distt.- Parsa (nepal) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh, Adv For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Raxaul P.S. Case No. 106 of 2017 dated 14.04.2017 registered for the offences punishable u/s 20, 22 and 24 of the N.D.P.S. Act.

3. As per the prosecution case, total 5.700 kg of Charas like substance was recovered from the possession 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 name of the petitioner has transpired in this case merely on the basis of the suspicion. No incriminating article

Patna High Court CR. MISC. No.16316 of 2024(3) dt.16-05-2024 2/2 has been recovered from the conscious possession of the petitioner. The petitioner has no criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 15.04.2017.

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

6. Considering the aforesaid facts and circumstances of the case, nature of allegation levelled against the petitioner and the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran in connection with Raxaul P.S. Case No. 106 of 2017.

7. The application stands allowed.

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