Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72849 of 2022 Arising Out of PS. Case No.-802 Year-2022 Thana- HAJIPUR SADAR District- Vaishali ====================================================== CHANDAN KUMAR S/O LATE NILENDU PATEL @ NILENDU SINGH Resident of village- Ghoshawar, P.S.- Hajipur, Sadar, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shrinandan Pd. Singh Mr. Kumar Sameer Mr. Atul Prakash For the Opposite Party/s :

Mr .Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 21-04-2023 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Hajipur Sadar P.S. Case No. 802 of 2022, registered for offence punishable under sections 8, 8(c), 21 (A), 20 (ii) (B), 25, 29 of the N.D.P.S., Act.

The learned counsel for the petitioner has submitted that the petitioner is a person of clean antecedent and he is under custody since 8th of October, 2022 for the allegation that small quantity of 74.00 grams Ganja and 12 grams of smack were recovered from his possession. He has submitted further that the quantity indicates that it might be for personal consumption and not for commercial purposes.

Patna High Court CR. MISC. No.72849 of 2022(3) dt.21-04-2023 2/2 On the other hand, Mr. J. N. Thakur, the learned APP has opposed the prayer for bail.

Considering the above-mentioned facts and circumstances as well as the period of custody and the clean antecedent of the petitioner, let him be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 802 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

Mahesh/- (Nawneet Kumar Pandey, J) U T