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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83749 of 2023 Arising Out of PS. Case No.-278 Year-2020 Thana- HAJIPUR SADAR District- Vaishali ====================================================== RAJ NANDAN KUMAR @ CHHOTU KUMAR SON OF CHANDSHWAR RAM @ CHANDRA SHEKHAR 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 04-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 8/20 (b)(ii), 25 and 29 of the N.D.P.S. Act, Section 52 of the Prisoners Act and Section 414 of the IPC.

3. As per prosecution case, there has been recovery of 1.750 Kg Ganja and other articles from co-accused Ranjeet Kumar.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner was not apprehended on spot. The name of the petitioner has come into light on the basis of

Patna High Court CR. MISC. No.83749 of 2023(2) dt.04-01-2024 2/2 confessional statement of co-accused person, who apprehended on spot. He submitted that the petitioner has no concern with the seized articles. From the perusal of the FIR itself, it appears that the incriminating article has been recovered from the co-accused person, not from the possession of the petitioner. On the basis of suspicion and due to his criminal antecedents, he has been made accused in this case. He is languishing in judicial custody since 22.10.2021.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 278 of 2020. (Sunil Kumar Panwar, J) Arish/- U T