Amresh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51541 of 2024 Arising Out of PS. Case No.-89 Year-2024 Thana- CHHAURADANO District- East Champaran ====================================================== Amresh Kumar Son Of Bachcha Prasad Yadav Village- Kadamwa (BHAKTIYA Tola), Ps- Ghorasahan, Dist- East Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar, Adv For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Chhauradano (Mahuawa) P.S. Case No. 89 of 2024 dated 11.04.2024 registered for the offences punishable u/s 20(b)(ii)(c), 23(c) and 25 of the N.D.P.S. Act.

3. As per the prosecution case, the petitioner and the co-accused were carrying ganja in the bag from Nepal to India. On being searched, 2 kg of ganja and one Apache Motorcycle were recovered from their possession.

Patna High Court CR. MISC. No.51541 of 2024(2) dt.13-08-2024 2/3

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The seized contraband is less than the commercial quantity. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 12.04.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that 2 kg of ganja was recovered from the possession of the petitioner and the co-accused person.

6. Considering the aforesaid facts and circumstances of the case and the allegation levelled against the petitioner as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran in connection with Chhauradano (Mahuawa) P.S. Case No. 89 of 2024, with a condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the

Patna High Court CR. MISC. No.51541 of 2024(2) dt.13-08-2024 3/3 bail bond of the petitioner is liable to cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T