Raju Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17977 of 2025 Arising Out of PS. Case No.-90 Year-2024 Thana- BHANGHA District- West Champaran ====================================================== Raju Chaudhary S/o- Late Jaynath Chaudhary, R/o Village- Belwa Bahuari, PS- Gaunaha, Dist- West Champaran.

... ... Petitioner

Versus

1.

The State of Bihar.

2.

The Union of India through the Inspector General, SSB Frontier Head Quarter, Patna, Bihar.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Sharad Kumar Verma, Advocate For the UoI :

Mr. Arjun Kumar, CGC For the State :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-04-2025 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 Bhangaha P.S. FIR No. 90 of 2024, dated 18.10.2021, registered for the offences punishable under Sections 8, 20(b)(ii)(B), 22(b) and 23(b) of the NDPS Act.

3. As per the prosecution case, based on the received information, the informant along with special raiding party stayed in ambush near the Border Pillar No. 428/3 and at 12:35 AM one person was seen coming from the Nepal side,

Patna High Court CR. MISC. No.17977 of 2025(2) dt.21-04-2025 2/3 who was then apprehended and searched and during search six kilograms of ganja was recovered from the apprehended accused (petitioner).

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He further submitted that the amount of recovered contraband is less than the commercial quantity. The petitioner has one criminal antecedent as stated in paragraph no. 3 of the bail petition. The petitioner is in custody since 18.10.2024.

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 as well as petitioner's 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 Only) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, under NDPS Act, West Champaran at Bettiah, in connection with Bhangaha P.S. FIR No. 90 of 2024, on further condition: (I) The petitioner is directed to remain physically present before the learned trial Court on each and every date, failing which on two consecutive dates without reasonable

Patna High Court CR. MISC. No.17977 of 2025(2) dt.21-04-2025 3/3 cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

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