Md. Chhotu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58409 of 2024 Arising Out of PS. Case No.-357 Year-2024 Thana- KAHALGAON District- Bhagalpur ====================================================== Md. Chhotu Son of Jahur Resident of village- Kajipur, Ward no. 3, P.S.- Kahalgaon, Dist.- Bhagalpur.
... ... Petitioner/s
Versus
The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Praveen Kumar For the Opposite Party/s :
Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Kahalgaon P.S. Case No. 357 of 2024 dated 14.06.2024 registered for the offences punishable u/ss 8(c), 21(b) of the NDPS Act.
3. As per the prosecution case, total 9.00 gms. Brown sugar like substance and Rs. 1600/- were recovered from the possession of the petitioner.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The seized contraband is less than commercial quantity. The petitioner has two criminal antecedents which are
Patna High Court CR. MISC. No.58409 of 2024(2) dt.28-08-2024 2/2 not related to similar nature of offence as stated in para 3 of the bail petition. The petitioner is in custody since 15.06.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner who had no valid authorization for keeping the said contraband.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhagalpur in connection with Kahalgaon P.S. Case No. 357 of 2024, with the condition/s-:
(i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T