Patna High CourtCR. MISC./65279/2024allowed

Chandeshwar Sah v. The State Of Bihar

2025-01-10Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65279 of 2024 Arising Out of PS. Case No.-129 Year-2023 Thana- MEHSI District- East Champaran ====================================================== Chandeshwar Sah S/O Late Sitaram Sah R/O Village- Agrwa, P.S.- Jitna, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Kant Singh For the Opposite Party/s :

Mr. Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 8/21(b), 22, 24, 27(A) and 29 of the N.D.P.S. Act.

3. As per the prosecution case, it is alleged that as per the direction of the petitioner, consignment of contraband has to be delivered to holder of Mobile No.7488721306 and another.

4. Vide order dated 22.11.2024, a report was called for from the learned Court below regarding the stage of trial and the time likely to be taken in conclusion of the trial. In compliance thereof, a report dated 26.11.2024 has been sent by the learned Exclusive Special Court No.II under NDPS Act,

Patna High Court CR. MISC. No.65279 of 2024(4) dt.10-01-2025 2/3 East Champaran, Motihari, which is kept on record. In his report, the learned Judge has, inter alia, stated that there are total nine charge-sheet witnesses, but no any witnesses have been examined up till now.

5. Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that no contraband article has been recovered from conscious possession of the petitioner. The petitioner has two criminal antecedents and has been languishing in custody since 03.05.2024.

6. Learned APP for the State opposed the bail petition.

7. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Mehsi P.S. Case No.129 of 2023, subject to the following conditions : (i) One of the bailors will be his own blood

Patna High Court CR. MISC. No.65279 of 2024(4) dt.10-01-2025 3/3 relative, preferably, father, mother, brother, sister and/or his wife.

(ii) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. (iii) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(iv) The petitioner shall co-operate with the investigation, if not already concluded and make himself available and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (v) The petitioner will mark his attendance in the local police station in first week of every month till conclusion of trial, failing which the prosecution will be at liberty to move cancellation of his bail bond.

(Anjani Kumar Sharan, J) anand/- U T