Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44239 of 2021 Arising Out of PS. Case No.-198 Year-2020 Thana- JAKKANPUR District- Patna ====================================================== CHANDAN KUMAR S/O PAPPU PASWAN R/o village- Mogal Bigha, P.S.- Makhdumpur, Distt.- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Special Case No.52 of 2020 arising out of Jakkanpur P. S. Case No.198 of 2020, instituted for the offences under Sections 401, 414 of the Indian Penal Code read with Sections 8c/21/c/25/29 of the N.D.P.S. Act.

The learned counsel for the petitioner submits that the petitioner is in custody since 05.11.2020, he is a person with clean antecedent and charge-sheet has been submitted against him.

The learned counsel for the petitioner submits that the allegation is of recovery of 120 grams of brown-sugar and 100 grams of charas from a Bolero vehicle from which three accused

Patna High Court CR. MISC. No.44239 of 2021(2) dt.15-12-2021 2/3 persons were apprehended, who disclosed their name. It is further alleged that the apprehended accused disclosed the name of this petitioner, who is alleged to have fled from the place of occurrence after seeing the police.

The learned counsel for the petitioner submits that the name of this petitioner transpires in the statements of the coaccused, who were apprehended at the spot from the vehicle from which the alleged narcotic was recovered. The learned counsel further submits that petitioner was not even present there and his name transpired merely because he is known to the accused. It is also submitted that since he was not apprehended from the spot, as such, nothing was recovered from his possession also.

The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner is in custody since 05.11.2020, he is a person with clean antecedent and charge-sheet has been submitted against him, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-XVI, Patna in

Patna High Court CR. MISC. No.44239 of 2021(2) dt.15-12-2021 3/3 connection with Special Case No.52 of 2020 arising out of Jakkanpur P. S. Case No.198 of 2020.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T