Chandeshwar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27339 of 2025 Arising Out of PS. Case No.-282 Year-2019 Thana- NADI P.S. District- Patna ====================================================== Chandeshwar Rai S/O Late Rupan Rai R/O Village- Kripal Tola, P.S- Nadi, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rahul Rathour, Advocate Ms. Soni Kumari, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner seeks regular bail in connection with Special Case No. 10213 of 2019, arising out of Nadi P.S. Case No. 282 of 2019 in a case registered for the offences punishable under Sections 8, 20, 22, 25, 29 of Narcotic Drugs And Psychotropic Substances Act and Section 30(a) of Bihar Excise Act.

3. As per prosecution case, 50 kg ganja, 865.140 litres of liquor including 1000 pouches of 200 ml liquor contained in three white packs were recovered from hut situated in front of old poultry farm of this petitioner.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.27339 of 2025(2) dt.16-05-2025 2/2 petitioner is innocent and has falsely been implicated in the present case. It is further submitted that as per seizure list itself it is apparent that no incriminating material has been recovered from conscious possession of this petitioner or from his house. Similarly situated co-accused Bhola Rai has already been granted regular bail by a Co-ordinate Bench of this Court vide order dated 15.02.2023 passed in Cr. Misc. No. 6544 of 2023. Petitioner is in custody since 18.02.2025. Petitioner claims clean antecedent. Charge-sheet has already been submitted.

5. Learned A.P.P. for the State vehemently opposes the bail application.

6. Considering the aforesaid facts and circumstances of the case and period of custody, the bail application is allowed. Let the above named petitioner 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 Exclusive Special Excise Judge, Patna City, Patna in connection with Special Case No. 10213 of 2019, arising out of Nadi P.S. Case No. 282 of 2019.

(Prabhat Kumar Singh, J) Navya/- U T