Harichander Chauhan@Harichandra Chauhan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68784 of 2023 Arising Out of PS. Case No.-63 Year-2023 Thana- KOCHADHAMAN District- Kishanganj ====================================================== Harichander Chauhan@Harichandra Chauhan S/O Late Gaya Chouhan R/O Vill-Piraij, Ps-Rampur Karkhana, Dist-Dewaria(U.P.) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abdul Mannan Khan Mr. Hafiz Shahbaz For the Opposite Party/s :
Mr. Dr.Mrityunjaya Kr. Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-05-2024 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) B, 22, 23 and 29 of the N.D.P.S. Act.
3. It is a case of recovery of total 12 Kg. 560 grams Ganja like substance from the possession of the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no
Patna High Court CR. MISC. No.68784 of 2023(5) dt.14-05-2024 2/3 offence. He has falsely been implicated in this case. Petitioner has no concern with the alleged recovery and recovered Ganja like substance does not come within the purview of commercial quantity. It is further submitted that the provision of N.D.P.S. Act has not been followed properly at the time of preparing the seizure list. Petitioner has got no criminal antecedent and languishing in judicial custody since 01.03.2023.
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 period of custody of the petitioner, this court is inclined to enlarge the petitioner on bail after framing of charge. The above named petitioner is directed to be released on bail in connection with Koochadhaman P.S. Case No. 63 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.68784 of 2023(5) dt.14-05-2024 3/3 learned Sessions Judge-cum-Special Judge (N.D.P.S. Act), Kishanganj.
(Sunil Kumar Panwar, J) Shageer/- U T