Patna High CourtCR. MISC./44553/2024bail granted

Chandan Goswami v. The State Of Bihar

2024-10-04Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44553 of 2024 Arising Out of PS. Case No.-110 Year-2024 Thana- PALASI District- Araria ====================================================== Chandan Goswami S/O Devanand Goswami R/O Village Sahandar Ward No 01 P.S. Palasi Distt Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kishore Bharti, Adv For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 04-10-2024 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. 110 of 2024 registered for the offence punishable under Sections 8(c), 20(b) and 22(c) of the Indian Penal Code.

3. As per the prosecution case, 102 gm of smack has been recovered from the petitioner and accused persons.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He runs a tea shop and nothing has been recovered from the petitioner.

5. Smack was recovered from Sunni Kumar Sah, Anil Kumar Yadav and Rishi Kumar chaudhary. The petitioner is the shop owner, from whose shop, Sunni Kumar Sah, Anil Kumar Yadav were apprehended. The petitioner after seeing the police,

Patna High Court CR. MISC. No.44553 of 2024(4) dt.04-10-2024 2/2 also tried to flee away with the aforesaid two persons. The petitioner is in jail since 28.03.2024.

6. Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.

7. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Court of Sessions Judge cum Special Judge, N.D.P.S. Act, Araria in connection with Palasi P.S. Case No. 110 of 2024, subject to the condition that the petitioner will mark his attendance at Palasi Police Station on first and third Sunday of each month. Any default in appearance at the police station will result in cancellation of bail bonds of the petitioner.

8. The FSL report submitted by the Regional Forensic Science Laboratory, Bhagalpur is returned to the office.

9. The trial court is directed to expedite the trial. (Sandeep Kumar, J) kiran/- U T