Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71544 of 2024 Arising Out of PS. Case No.-522 Year-2024 Thana- JAHANABAD District- Jehanabad ====================================================== Chandan Kumar Son of Chiranjivi Prasad @ Chiranji Saw Resident of Village- Pucnhmahla, P.S- Jehanabad, District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kunwar Digvijay Singh For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 08-10-2024 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 20(b)/(ii)B of the N.D.P.S. Act.

3. According to the case of prosecution, there has been recovery of 100 grams of smack like narcotics substance from the possession of this petitioner. After interrogation, petitioner himself disclosed that the seized contraband is smack.

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. The seized contraband has been sent to the FSL but report has still awaited. The seized contraband(smack) does not come under the purview of

Patna High Court CR. MISC. No.71544 of 2024(2) dt.08-10-2024 2/2 commercial quantity as per N.D.P.S. Act. There is no independent witness of the seizure list. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 07.07.2024.

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, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Jehanabad P.S. Case No. 522 of 2024 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, Jehanabad. (Ashok Kumar Pandey, J) Shubham/- U T