Patna High CourtCR. MISC./76612/2023bail granted

Chandan Kumar Chaudhary v. The State Of Bihar

2023-12-04Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76612 of 2023 Arising Out of PS. Case No.-156 Year-2023 Thana- KISHANPUR District- Supaul ====================================================== Chandan Kumar Chaudhary Son of Ramdev Chaudhari R/o vill - Laukaha (Ward no. 5), P.S. - Supaul (Laukaha OP), Dist. - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with NDPS (Spl.) Case No. 40 of 2023 arising out of Kishanpur P.S. Case No. 156 of 2023 instituted for the offences under Sections 8/20(b)(ii)(c) of the N.D.P.S. Act.

3. On receipt of secret information, the police made a raid in the shop. On seeing the police party, out of three persons, two persons managed to flee away from there but, one person was arrested who disclosed his name as Chandan Kumar Chaudhary, the present petitioner. On search of the shop, the police has recovered 4 Kg 700 Gms. of Ganja kept in plastic packet, electric balance machine, Rs. 4,650/- in cash, a mobile of Redmi Company with 2 SIM Cards and 1 Hero Company Motorcycle bearing Registration No. BR-50R-0528 which was

Patna High Court CR. MISC. No.76612 of 2023(2) dt.04-12-2023 2/2 standing in front of the shop.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. There is no specific and direct allegation against the petitioner. It is also submitted that nothing incriminating has been recovered from the possession of the petitioner and the petitioner has no concern with the alleged seized article and motorcycle. The petitioner has got no criminal antecedent as has been stated in paragraph no.3 of the present bail application.

5. The petitioner is in custody since 07.07.2023.

6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Considering the entire facts and circumstances of the case and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with NDPS (Spl.) Case No. 40 of 2023 arising out of Kishanpur P.S. Case No. 156 of 2023.

(Rudra Prakash Mishra, J) rishi/- U T