Romi Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30605 of 2021 Arising Out of PS. Case No.-209 Year-2020 Thana- CHAUSA District- Madhepura ====================================================== Romi Kumar Chaudhary S/O Dhairu Chaudhary, R/O Village Khoparaiya, Ps Chausa, District-Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-12-2021 Heard.

The petitioner seeks regular bail in connection with NDPS Case No. 16 of 2020 arising out of Chausa P.S. Case No. 209 of 2020 for the offence punishable under Sections 20,22,23 and 24 of the N.D.P.S. Act.

The allegation is regarding recovery of 6 Kg of Ganja from the co-accused persons.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 6.10.2020. The learned counsel for the petitioner has further submitted that the co-accused persons have already been granted bail by co-ordinate Benches of this Court, vide orders dated 02.07.2021, 09.09.2021, 10.09.2021 and 10.9.2021 passed in Cr. Misc. No. 15543 of 2021, Cr. Misc.

Patna High Court CR. MISC. No.30605 of 2021(2) dt.13-12-2021 2/2 No. 14845 of 2021, Cr. Misc. No. 14995 of 2021 and Cr. Misc. No. 16165 of 2021, respectively.

Per contra, the learned APP appearing for the State has vehemently opposed the prayer for regular bail, made by the petitioner.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the parity of the case of the petitioner with that of the co-accused persons who have already been granted bail by coordinate Benches of this Court, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the petitioner, above named, is directed to be released on regular bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum- Special Judge, NDPS Act, Madhepura connection with NDPS Case No. 16 of 2020 arising out of Chausa P.S. Case No. 209 of 2020.

(Mohit Kumar Shah, J) Tiwary/- U T