Patna High CourtCR. MISC./80938/2023allowed

Raj Nandan Kumar @ Chhotu Kumar v. The State Of Bihar

2023-12-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80938 of 2023 Arising Out of PS. Case No.-780 Year-2020 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Raj Nandan Kumar @ Chhotu Kumar Son Of Chandra Shekhar Ram @ Chandeshwar Ram R/O Village- Dighi Kala West, P.S.- Sadar Hajipur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rina Sinha For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-12-2023 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 8, 20(b)(ii) (B), 25 & 29 of the N.D.P.S. Act.

3. According to the prosecution case, co-accused Uttam Kumar is said to have been arrested from whose possession, 1100 gram ganja like contraband substance was recovered. Arrested person disclosed the name of the petitioner as his associate.

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. Neither the petitioner was

Patna High Court CR. MISC. No.80938 of 2023(2) dt.15-12-2023 2/2 arrested on spot nor any incriminating material has been recovered from his conscious possession rather his name was disclosed by co-accused Uttam Kumar who was apprehended on spot. It is further submitted that the petitioner was arrested in Hajipur Sadar P.S. Case No. 762 of 2020 and thereafter, he was remanded in this case on 8.7.2021 and since then, he is languishing in judicial custody.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Hajipur Sadar P.S. Case No. 780 of 2020 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