Patna High CourtCR. MISC./62879/2024bail granted

Chhotu Kumar v. The State Of Bihar

2024-09-23Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62879 of 2024 Arising Out of PS. Case No.-35 Year-2024 Thana- BARAUNI RAIL P.S. District- Begusarai ====================================================== Chhotu Kumar S/o- Gorakh Sharma Vill- Temha Banni PS- Maheshkhut District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Yadav For the Opposite Party/s :

Mr. Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-09-2024 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 Barauni Rail P.S. Case No. 35 of 2024 dated 23.02.2024 registered for the offences punishable u/ss 8, 20(b)(ii) B of the NDPS Act.

3. As per the prosecution case, total 12.960 kgs. Ganja was recovered from the bag 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 said contraband is less than commercial quantity. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 24.02.2024.

Patna High Court CR. MISC. No.62879 of 2024(2) dt.23-09-2024 2/2

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

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, Begusarai in connection with Barauni Rail P.S. Case No. 35 of 2024, with the following 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