Patna High CourtCR. MISC./48857/2023allowed

Raju Chauhan @ Rajo Chauhan v. The State Of Bihar

2023-09-18Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48857 of 2023 Arising Out of PS. Case No.-119 Year-2023 Thana- RAHUI District- Nalanda ====================================================== RAJU CHAUHAN @ RAJO CHAUHAN Son of Babu Lal Chauhan Resident of Village-Parman (Parma), Police Station-Nardiganj, District-Nawada ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 8/20 (b)(ii)(c) and 25 of the N.D.P.S. Act.

3. As per prosecution case, there has been recovery of 19.912 Kg Ganja from the house of the co-accused Bhola Chauhan, who fled away from the place of occurrence.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has apprehended on spot. He submitted that the petitioner has no concern with the seized Ganja. He submitted that seized Ganja like substance does not come within the purview of commercial quantity as per N.D.P.S.

Patna High Court CR. MISC. No.48857 of 2023(4) dt.18-09-2023 2/2 Act. He further submitted that petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 21.03.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail after framing of charge, if not framed. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Rahui P.S. Case No. 119 of 2023.

(Sunil Kumar Panwar, J) arish/- U