Chandu @ Chandraket v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25514 of 2019 Arising Out of PS. Case No.-167 Year-2018 Thana- HAZIPUR INDUSTRIAL DistrictVaishali ====================================================== Chandu @ Chandraket Son of Amarjeet Paswan @ Amardeep Paswan R/o village- Mathura, P.S.- Bidupur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rina Sinha For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 31-07-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner who is in custody since 18.09.2018 has prayed for bail in connection with N.D.P.S. Case No. 30 of 2017 arising out of Industrial Area P.S. Case No. 167 of 2018 registered for the offence under sections 399, 402, 414 and 34 of the Indian Penal Code, sections 25(1-B)A, 26 and 35 of the Arms Act and Sections 8, 20(b)(ii)(c) and 22 of the N.D.P.S. Act.

As per the allegation in the F.I.R., it is submitted that on a raid being conducted, the accused persons were allegedly making preparation to commit an offence. On seeing the police personnel some accused managed to escape while the petitioner

Patna High Court CR. MISC. No.25514 of 2019(5) dt.31-07-2019 2/2 and others were arrested. It is alleged that from the possession of the petitioner a mobile phone and about 21⁄2 kg of ganja was recovered.

It is submitted by learned counsel for the petitioner that the allegation in the F.I.R. is false and concocted. Further submission is that petitioner's case stands on similar footing to that of co-accused Sanoj Kumar who has been enlarged on bail vide order dated 28.01.2019 passed in Criminal Miscellaneous No. 4319 of 2019.

Having heard learned counsel for the parties and taking into consideration the fact that co-accused Sanoj Kumar has been enlarged on bail, the Court is inclined to enlarge the petitioner on bail. Let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Vaishali at Hajipur, in connection with N.D.P.S. Case No.30 of 2017 ( arising out of Industrial P.S. Case No. 167 of 2018).

(Partha Sarthy, J) aks/-rahul U T