Chandan Upadhyay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25681 of 2025 Arising Out of PS. Case No.-265 Year-2024 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== Chandan Upadhyay S/O Chandrshekhar Upadhyay Resident of Lili, P.S.- Karamchat, Dist.- Kaimur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar Singh For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-05-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Durgawati P.S. Case No. 265/2024 dated 01.09.2024 registered for the offence punishable u/s 8(c), 20(b)(ii)(B) and 29 of the N.D.P.S. Act.

3. As per the prosecution case, total 10.518 kgs. Ganja was recovered from the dickey of the bus. On inquiry, the driver and the conductor disclosed that this bag belongs to Alok Ranjan Kumar Paswan, who disclosed that this ganja belongs to the petitioner and the said ganja was handed over to him at Varanasi to deliver and he was paid Rs. 2,500/- for this.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no concern with the alleged recovery. The seized contraband is less than commercial

Patna High Court CR. MISC. No.25681 of 2025(2) dt.06-05-2025 2/2 quantity. The petitioner has one antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 19.11.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the petitioner has no valid authorization for keeping the said contraband.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Kaimur at Bhabua in connection with Durgawati P.S. Case No. 265/2024, with the condition ;- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T