Dinanath Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26811 of 2022 Arising Out of PS. Case No.-16 Year-2022 Thana- CHAPRA RAIL P.S. District- Saran ====================================================== DINANATH CHAUDHARY Son of Late Saryug Prasad Chaudhary Residence of village - Birpur, P.S.- Bhowarkul, Distt.- Gazipur (U.P.) at present address House of Rahul Thakur, S/o Late Shatrudhan Thakur, Residence of mohalla - Utari Dahiyawa Tola, P.S.- Chapra Town, District - Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Rajani Kumari, Advocate For the Opposite Party/s :

Mr.Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-01-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks regular bail in connection with N.D.P.S. Case No. 05 of 2022 arising out of Rail Chapra P.S. Case No. 16 of 2022 for the offence registered under Sections 328 and 379 of the Indian Penal Code and Sections 08 and 22(a) of the N.D.P.S. Act.

The allegation is regarding the petitioner having been arrested by the police and upon search two strips of Lorazepam tablets and mobile phone was recovered.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is languishing in custody since 01.02.2022.

Patna High Court CR. MISC. No.26811 of 2022(5) dt.09-01-2023 2/2 Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the nature of accusation vis-a-vis the period of incarceration of the petitioner, I deem it fit and proper to admit the petitioner to the privilege of bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge cum Special Judge, NDPS Act, Saran at Chapra in connection with N.D.P.S. Case No. 5/2022 (Rail Chapra P.S. Case No. 16 of 2022).

(Mohit Kumar Shah, J) S.Sb/Saurav U T