Shatrughan Chaupal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34508 of 2023 Arising Out of PS. Case No.-67 Year-2023 Thana- NARPATGANJ District- Araria ====================================================== SHATRUGHAN CHAUPAL son of Late budh Nr. Chaupal Resident of Village- Bela, W. No. 8, Sharma Tola, P.S.- Narpatganj (Basmatiya O.P.) District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 07-07-2023 Learned counsel for the petitioner is permitted to make necessary correction in para 12 of the bail petition which is filed on behalf of the petitioer.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Narpatganj (Basmatiya) P.S. Case No. 67 of 2023 registered for the offences punishable under Sections 341, 323, 353, 34 of the Indian Penal Code read and Sections 21(c), 22, 23 of the N.D.P.S. Act.

As per prosecution case, there is alleged recovery of 18 gram Brown Sugar (weight of brown sugar without plastic is 16 gram and weight of yellow coloured sachet of plastic in which brown sugar was packed is 2 gram) was recovered from the

Patna High Court CR. MISC. No.34508 of 2023(2) dt.07-07-2023 2/3 possession of the petitioner.

Learned counsel for the petitioner submits that as per the N.D.P.S. notification, small quantity of brown sugar is 5 gram and commercial quantity of brown sugar is 250 gram and the said recovery of brown sugar comes under intermediary quantity. There is no compliance of Section 100 of Cr.P.C. as well as Sections 42 and 50 of N.D.P.S. Act. Petitioner is quite innocent and has committed no offence as alleged against him in F.I.R. and he has falsely been implicated in the present case. He further submits that petitioner is in custody since 05.02.2023 and bears no criminal antecedent. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioner, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions cum the

Patna High Court CR. MISC. No.34508 of 2023(2) dt.07-07-2023 3/3 Special Judge N.D.P.S. Act, Araria in connection with Narpatganj (Basmatiya) P.S. Case No. 67 of 2023, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself.

(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(iv) If the petitioner is found involved in similar nature of offences in future, the learned trial court shall be at liberty to cancel his bail bond.

(Alok Kumar Pandey, J) alok/- U T