Suresh Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31026 of 2023 Arising Out of PS. Case No.-49 Year-2022 Thana- NARDIGANJ District- Nawada ====================================================== SURESH CHAUHAN Son of Gokhul Chauhan Resident of village - Chanana Chatar, P.S. - Nardiganj, Distt. - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hansraj, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-09-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Nardiganj P.S. Case no. 49 of 2022, registered under sections 8(b)(c) and 20(a)(b) of the N.D.P.S. Act, 1985.

3. As per the prosecution case, on information having been received by the informant about some persons indulging in cultivation of ganja plants, it is stated that a raid was conducted. It is further stated that two plants of ganja were recovered from outside, in-front of house of the petitioner who managed to flew away.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. Even as per the F.I.R., the alleged recovery is not from the house or the

Patna High Court CR. MISC. No.31026 of 2023(4) dt.11-09-2023 2/2 premises of the petitioner. The petitioner has been falsely implicated in the case and he has no criminal antecedent.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the F.I.R., the alleged ganja plants not having been recovered from inside the house of the petitioner who has no criminal antecedent, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Nardiganj P.S. Case no. 49 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court of Sessions Judge, Nawada. (Partha Sarthy, J) Shiv/- U T