Patna High CourtCR. MISC./55718/2023allowed

Bidhan Chandra Chaudhary v. The State Of Bihar

2023-08-30Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55718 of 2023 Arising Out of PS. Case No.-257 Year-2023 Thana- BAISI District- Purnia ====================================================== BIDHAN CHANDRA CHAUDHARY S/O LATE RAM NARAYAN CHAUDHARY R/O VILLAGE- TELGHI WARD NO. 4, PS. KHARIK BAZAR, DIST. BHAGALPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prithivi Raj Singh For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 8/20 (b)(ii)(B) of the N.D.P.S. Act.

3. As per prosecution case, on secret information received, police party started checking the bus and on search there has been recovery of 4.5 Kg Ganja under the seat of a Bus.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the petitioner has no concern with the seized Ganja. He submitted that seized Ganja

Patna High Court CR. MISC. No.55718 of 2023(2) dt.30-08-2023 2/2 like substance does not come within the purview of commercial quantity as per N.D.P.S. Act. The provision of Section 50 of the N.D.P.S. Act has not been followed in this case. He further submitted that petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 23.06.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Baisi P.S. Case No. 257 of 2023.

(Sunil Kumar Panwar, J) arish/- U