Patna High CourtCR. MISC./56836/2024bail granted

Arjun Chauhan @ Arjun Chaudhary v. The State Of Bihar

2024-09-20Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56836 of 2024 Arising Out of PS. Case No.-40 Year-2024 Thana- BUXAR RAIL P.S. District- Bhojpur ====================================================== Arjun Chauhan @ Arjun Chaudhary Son of Chanrdra Prakash Chauhan R/o Village- Lamba Pather, P.S.- Kheroni, District- West Karbi Anglo, StateAssam ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhat Kumar Singh, Advocate For the Opposite Party/s :

Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 20-09-2024

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. The petitioner seeks regular bail in connection with NDPS Case No. 22 of 2024, arising out of Ara Rail P.S. Case No. 40 of 2024 dated 09.04.2024 registered for the offence(s) punishable under Section(s) 8, 20(b)(ii)(c) of NDPS Act.

3. Mr. Prabhat Kumar Singh, learned counsel for the petitioner submits that the instant matter relates to the recovery of total 10 kg. of narcotic substance suspected to be Ganja and the same is alleged to be recovered from the possession of this petitioner and one co-accused namely, Sunita Chauhan who has been granted bail by this court vide order dated 08.08.2024 passed in Cr. Misc. No. 53314 of 2024. Learned counsel further submits that the petitioner has fair and clean antecedent and has

Patna High Court CR. MISC. No.56836 of 2024(3) dt.20-09-2024 2/2 been languishing in jail since 09.04.2024 and against him the investigation has been completed and the mandatory provisions of Section 52A of NDPS Act was not followed by the concerned police in respect of the seized narcotic material and only 5 kg. of the narcotic material Ganja is said to have been recovered from the possession of this petitioner.

4. Ms. Madhuri Lata, learned APP appearing for the State has opposed the bail prayer of the petitioner.

5. Considering the above submissions and mainly petitioner's fair and clean antecedent and the completion of investigation against him and also the privilege of bail having been granted to co-accused Sunita Chauhan carrying the same nature of allegation, this court is inclined to accept the petitioner's bail prayer. Accordingly, let the petitioner namedabove be enlarged on bail in connection with NDPS Case No. 22 of 2024, arising out of Ara Rail P.S. Case No. 40 of 2024 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