Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13325 of 2025 Arising Out of PS. Case No.-61 Year-2024 Thana- KANHAULI District- Sitamarhi ====================================================== Chandan Kumar S/O Sikindar Mahto Resident Of Village- Madheshara Ward No. 13, P.s.- Bhutahi, Dist.- Sitamarhi.
... ... Petitioner/s
Versus
The State Of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar For the Opposite Party/s :
Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-02-2025
1. Heard the parties.
2. Petitioner seeks regular bail in connection with Kanhauli P.S. Case No. 61 of 2024 dated 04.05.2024 registered under Section 8, 20(B)II B of the N.D.P.S. Act, 1985.
3. As per the prosecution case the Police on secret information that two persons were coming on a motorcycle from Nepal and were carrying huge quantity of "Ganja" intercepted one motorcycle and on seeing the Police, the persons on the motorcycle tried to flee away but the motorcycle fell down and the Police arrested the pillion rider and recovered 11 Kg 500 Gram "Ganja" from the motorcycle. The arrested person namely, Rahul Kumar disclosed the name of the petitioner that he succeeded in fleeing away. He further confessed that both of them used to purchase "Ganja" from Nepal and sell it in small
Patna High Court CR. MISC. No.13325 of 2025(2) dt.27-02-2025 2/3 quantity.
4. Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and he has been made accused on the basis of disclosure of his name by the arrested co-accused / Rahul Kumar. The petitioner is having no criminal antecedent and he has no concern with the co-accused / Rahul Kumar from whose possession "Ganja" was recovered. The co-accused / Rahul Kumar, who was arrested along with "Ganja" on the spot has been granted regular bail by this court in Cr. Misc. No. 47482 of 2024 dated 24.07.2024. The petitioner is in custody since 28.11.2024.
5. Regard being had to the submissions made by the parties, taking into consideration the fact that the co-accused has been granted regular bail by a Co-ordinate Bench of this Court and the petitioner is in custody since 28.11.2024, as such, I am inclined to grant regular bail to the petitioner.
6. Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10000 /- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge N.D.P.S. Act, Sitamarhi in connection with Kanhauli P.S. Case No. 61 of 2024 subject to the condition that the petitioner shall remain present on each and every date
Patna High Court CR. MISC. No.13325 of 2025(2) dt.27-02-2025 3/3 during the course of trial and in case of default on two consecutive dates, his bail bond shall liable to be rejected. (Anil Kumar Sinha, J) praful/- U T