Bhenu Chouhan @ Ghenu Chouhan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48868 of 2023 Arising Out of PS. Case No.-209 Year-2023 Thana- BUXAR District- Buxar ====================================================== Bhenu Chouhan @ Ghenu Chouhan ,Son of Late Markat Chouhan, Resident of Mohalla - Shanti Nagar, ward no. 34, P.S. - Buxar (Town), District. - Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun Kumar Gupta, Advocate For the Opposite Party/s :
Mr.Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 04-08-2023
1. Heard learned counsel for the petitioner and the learned APP for the State.
2. Petitioner seeks regular bail in connection with Buxar (Town) P.S. Case No. 209 of 2023 dated 17.04.2023 registered for the offence(s) punishable under Section(s) 21, 22 and 27 of the N.D.P.S. Act.
3. The main submissions advanced by the learned counsel for the petitioner are that the instant matter relates to the recovery of 9.72 gm heroin like material and the same is stated to have been recovered from the possession of this petitioner and the seized contraband comes in the purview of intermediate quantity but slightly more than the small quantity, petitioner has fair and clean antecedent and has been languishing in jail since 18.04.2023 and against him the investigation has been
Patna High Court CR. MISC. No.48868 of 2023(2) dt.04-08-2023 2/2 completed and the compliance of mandatory provisions of search and seizure and sampling was not made by the police party, who seized the alleged contraband.
4. Learned APP appearing for the State opposes the bail prayer.
5. Considering the above submissions and mainly the quantity of the alleged contraband and also the completion of investigation against this petitioner as well as his fair and clean antecedent, this court is inclined to accept his bail prayer. Accordingly, let the petitioner named-above be enlarged on bail in connection with Buxar (Town) P.S. Case No. 209 of 2023 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.
(Shailendra Singh, J) Rajiv/- U T