Fatta @ Upendra Kumar Chaudhary v. The Union Of India Through Director, Narcotics Control Bureau Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79453 of 2024 Arising Out of PS. Case No.-522 Year-2024 Thana- JAHANABAD District- Jehanabad ====================================================== Fatta @ Upendra Kumar Chaudhary S/O Rama Chaudhary R/O Mohalla Panchmahala, P.S. and Distt- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Paras Nath, Advocate For the Opposite Party/s :

Mr. Sanjay Kr. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 22-11-2024 Learned counsel for the petitioner is permitted to make necessary correction in the party position of his petitioner during course of the day.

2. Heard learned counsel for the petitioner and learned APP for the State.

3. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Jehanabad P.S. Case No. 522 of 2024 instituted for the offence under Sections 20(b) (ii) (B) of the N.D.P.S. Act.

4. The case of the prosecution is that from the possession of co-accused Chandan Kumar, 100 grams of

Patna High Court CR. MISC. No.79453 of 2024(2) dt.22-11-2024 2/3 smack like narcotics substance was recovered. After interrogation, he disclosed that this petitioner along with two other persons managed to escape from there.

5. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Nothing incriminating article has been recovered from the conscious possession of the petitioner and he has no concern with the alleged recovery of smack. It is further submitted that he was not apprehended on spot.

6. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.

7. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Jehanabad P.S. Case No. 522 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Principal District and Sessions Judge cum-Special Judge, N.D.P.S. Act, Jehanabad subject to the conditions as laid down under section

Patna High Court CR. MISC. No.79453 of 2024(2) dt.22-11-2024 3/3 438(2) of the Cr.P.C and a condition that the petitioner will not indulge in similar nature of case in future. (Ashok Kumar Pandey, J) shubham/- U T