Patna High CourtCR. MISC./76424/2023allowed

Chandan Kumar v. The State Of Bihar

2023-12-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76424 of 2023 Arising Out of PS. Case No.-598 Year-2023 Thana- HAJIPUR SADAR District- Vaishali ====================================================== CHANDAN KUMAR SON OF SHANKAR SINGH R/O VILLAGEMAKHDUMPUR, WARD NO.11, P.S.- FATEHPUR, DISTRICT- GAYA, BIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Rajdeep For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-12-2023 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 420, 379, 414 of the Indian Penal Code & sections 8, 20(b)(ii)(B) & 29 of the N.D.P.S. Act.

3. As per prosecution case, the petitioner along with co-accused is said to have been apprehended with a vehicle bearing Registration no. BR01EK-2948 from where, 4.960 kg ganja like substance was recovered.

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 petitioner has no

Patna High Court CR. MISC. No.76424 of 2023(2) dt.01-12-2023 2/2 concern with the alleged recovery of ganja like narcotic substance and the same is alleged to be 4.960 kg which does no come under purview of commercial quantity as per N.D.P.S. Act. It is further submitted the provision of N.D.PS. Act has not been followed by the prosecution. It is further submitted that the petitioner is languishing in judicial custody since 5.8.2023.

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 Hajipur Sadar P.S. Case No. 598 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, Vaishali at Hajipur. (Sunil Kumar Panwar, J) Amandeep/- U T