Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 27879 of 2023 Arising Out of PS. Case No.-671 Year-2022 Thana- PATNA GRP CASE District- Patna ====================================================== CHANDAN KUMAR Son of Baijnath Singh Resident of village - Bhelahi, P.S. - Udwantnagar, Distt. - Bhojpur (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Anil Kumar, Advocate For the Opposite Party/s :

Mr Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned Additional Public Prosecutor (for brevity, APP) appearing for the State of Bihar.

The petitioner has preferred this application for grant of regular bail in connection with GRP Patna Junction (Rajendra Nagar) Police Station (for brevity, PS) Case No 671 of 2022 dated 29.11.2022 registered for the offence punishable under Sections 8/20 (b) (ii) (B) of Narcotic Drugs and Psychotropic Substances Act.

As per prosecution case, total 14.700 Kilograms of

Patna High Court CR. MISC. No.27879 of 2023(2) dt.25-05-2023 2/2 Ganja was recovered from the bag of the petitioner but the seizure list indicates that 18.100 Kilograms of Ganja was recovered.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The seized contraband is not of commercial quantity. The petitioner has no criminal antecedent, as stated in paragraph 3 of the bail petition. He is in custody in this case since 30.11.2022. Learned APP has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, the period of custody as well as the nature of allegation against the petitioner, the petitioner above named is directed to be released on bail on his furnishing bonds of Rs 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna in GRP Patna Junction (Rajendra Nager) PS Case No 671 of 2022 dated 29.11.2022.

This application stands allowed.

(Chandra Prakash Singh, J) M.E.H./- U T