Chandan Kumar Biswas v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32140 of 2025 Arising Out of PS. Case No.-109 Year-2025 Thana- PALASI District- Araria ====================================================== Chandan Kumar Biswas s/o Jagdish Biswas Resident of Village- Belsari, Ward No. 05 Police Station- Palasi, District- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s :
Mrs. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 26-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Palasi P.S. Case No. 109 of 2025 registered under sections 20(b) (ii)(c) and 226 of the N.D.P.S. Act.
3. The prosecution case is to the effect that the informant received some information that Chandan Kumar Biswas (petitioner) was selling Cough Syrup containing codeine at his medicine shop. A raid was conducted and a total of 1.7 liters of Escuf Cough Syrup containing Codeine was recovered.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case as neither he was the owner of the shop as stated in the FIR
Patna High Court CR. MISC. No.32140 of 2025(2) dt.26-05-2025 2/3 nor was he selling the cough syrup. It has further been submitted that the seized quantity is 1.7 liters and that too from the shop, which is owned by one Rainjit Kumar Yadav where the petitioner is merely a staff. Lastly, it has been submitted that the petitioner has clean antecedent and has been in custody since 21.03.2025.
5. Learned APP for the State has opposed the prayer for bail of the petitioner.
6. Considering the aforesaid submissions of the learned counsel for the parties and taking into account that the Cough Syrup was recovered from the shop which was owned by some other person, 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 Judge-cum-the Special Judge, N.D.P.S., Act, Araria in connection with Palasi P.S. Case No. 109 of 2025 subject to the conditions :
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.
(iii) In case of absence on two consecutive
Patna High Court CR. MISC. No.32140 of 2025(2) dt.26-05-2025 3/3 dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned (iv) And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of the same or in the name of verification.
(v) If the petitioner is apprehended in a case of similar offence, then the prosecution shall be at liberty to move before the learned Court below for cancellation of bail, granted in this case.
(Sourendra Pandey, J) Prakash/- U