Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50552 of 2024 Arising Out of PS. Case No.-5 Year-2024 Thana- FATUA District- Patna ====================================================== Chandan Kumar Son of Ram Briksh Ray, Resident of Village- Madha P.S.- Rustampur, Dist- Vaishali.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sudish Kumar, Advocate.

For the Opposite Party/s :

Mr. Arun Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 09-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Special Case No.56 of 2024 arising out of Fatuha P.S. Case No.05 of 2024, registered for the offences punishable under Sections 8(c)/20/22 of the N.D.P.S. Act.

3. As per the prosecution case, on secret information the informant arrested two accused persons and from their possession total 11 kg ganja was recovered from their bag.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the alleged recovery of 5 kg. ganja from the bag of petitioner is below the commercial quantity. Learned counsel submits that petitioner is a young boy aged

Patna High Court CR. MISC. No.50552 of 2024(3) dt.09-08-2024 2/2 about 20 years who has no criminal antecedent, he is in custody since 07.01.2024 and charge sheet has already been filed in this case. He further submits that there is no chance of absconding of the petitioner or tampering with the evidence. He also submits that petitioner undertakes to cooperate in the trial. Learned counsel submits that similarly situated co-accused person has already been granted regular bail by this Court vide order dated 26.07.2024 passed in Cr. Misc. No.38897 of 2024.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, (N.D.P.S. Act) Court No.Ist, Patna in connection with Special Case No.56 of 2024 arising out of Fatuha P.S. Case No.05 of 2024.

(Sunil Dutta Mishra, J) Ritik/- U T