Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18952 of 2023 Arising Out of PS. Case No.-375 Year-2020 Thana- FATUA District- Patna ====================================================== Chandan Kumar Son Of Late Jaymangal Yadav Resident Of VillageMosimpur Kurtha, Ps- Fatuha District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rina Sinha For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 20(b)(ii)(c) and 22(c) of the N.D.P.S. Act. As per the prosecution case, on information having been received, a raid was conducted and 419.7 kgs of ganja was recovered from the premises of Shrikant Narayan Sharma. It further transpired that the other accused persons including the petitioner were

Patna High Court CR. MISC. No.18952 of 2023(2) dt.17-05-2023 2/3 involved in the business of ganja.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner was neither arrested from the spot nor any incriminating article has been recovered from his possession. The alleged recovery is from the premises of Shrikant Narayan Sharma. The petitioner is languishing in custody since 15.12.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Moreover, other similarly situated co-accused has been granted bail by a coordinate Bench of this Court vide order dated 22.12.2021 passed in Cr. Misc. No. 58253 of 2021.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Sessions

Patna High Court CR. MISC. No.18952 of 2023(2) dt.17-05-2023 3/3 Judge-IV, Patna in connection with Special (NDPS) Case No. 35 of 2023, Special Case No. 72 of 2020, arising out of Fatuha P.S. Case No. 375 of 2020.

(Sunil Kumar Panwar, J) Shageer/- U T