Kunj Bihari Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49516 of 2023 Arising Out of PS. Case No.-32 Year-2023 Thana- MANPUR District- West Champaran ====================================================== 1.

Kunj Bihari Chaudhary Son Of Late Shiv Brat Chaudhary R/O Tirbhawani Ps Bhairoganj District West Champaran 2.

Dhodhai Chaudhary @ Dhorai Chaudhary @ Dhodha Chaudhary Son Of Late Rajdev Chaudhary R/O Tirbhawani Ps Bhairoganj District West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-11-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for grant of bail in connection with Manpur P.S. Case No. 32 of 2023 registered under sections 20(B),(ii)(b), 23(b) and 29 of the NDPS Act. Prosecution case relates to recovery of altogether 3.9 kg of ganja like intoxicating substance from the possession of the petitioners.

Learned counsel for the petitioners submits that the petitioner are innocent and have committed no offence. They have falsely been implicated in this case. The recovered ganja like substance does not come within the purview of commercial

Patna High Court CR. MISC. No.49516 of 2023(3) dt.06-11-2023 2/2 quantity as per NDPS Act. A statement has been made in para-3 of this petition that the petitioners have got no criminal antecedent. Moreover, they are languishing in judicial custody since 28.03.2023.

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

Having heard learned counsel for the parties and considering the facts and circumstances of this case as well as the custody of the petitioners, the Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail after framing of charge if the charge is not framed in connection with Manpur P.S. Case No. 32 of 2023 on each of them furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned District and Sessions Judge, Bettiah, West Champaran.

(Sunil Kumar Panwar, J) Shubham/- U T