Patna High CourtCR. MISC./62519/2023allowed

Upendra Chauhan v. The State Of Bihar

2023-11-03Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62519 of 2023 Arising Out of PS. Case No.-140 Year-2023 Thana- RAHUI District- Nalanda ====================================================== Upendra Chauhan Son Of Arjun Chauhan Resident Of Village - Raghunathpur, Police Station - Rahui, District - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 8/20(b)(ii) (c) and 25 of the NDPS Act.

3. Prosecution case relates to recovery of 12 kg 630 grams of ganja like narcotics substance from a room near Devi Asthan.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has no concern with the seized ganja. The recovered ganja does not come within the purview of commercial quantity as per NDPS Act. A statement has been made in para-3 of this petition that the petitioner has

Patna High Court CR. MISC. No.62519 of 2023(3) dt.03-11-2023 2/2 got no criminal antecedent. Charge sheet has been submitted in this case. Moreover, the petitioner is languishing in judicial custody since 05.04.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Rahui P.S. Case No. 140 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum-Special Judge, Nalanda, Biharsharif.

(Sunil Kumar Panwar, J) Shubham/- U T