Chandan Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85377 of 2023 Arising Out of PS. Case No.-200 Year-2023 Thana- JOGBANI District- Araria ====================================================== Chandan Kumar Sah Son Of Umesh Prasad Sah Resident Of Village- Indira Nagar, Ward No - 03, P.S- Jogbani, Distt- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nishant Sinha For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 17, 18, 21, 22 of the N.D.P.S. Act.

As per the prosecution case, the petitioner was apprehended on the spot and during search of his house many contraband articles and 03 gram brown sugar were recvoered. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in the present case due to high handedness of the police officials. The petitioner has no concern with the alleged recovery and the same was lesser than commercial quantity as per N.D.P.S. Act. A statement has been

Patna High Court CR. MISC. No.85377 of 2023(2) dt.10-01-2024 2/2 made in Para-3 of the petition that the petitioner has got no criminal antecedent. During preparation of seizure list, Section 50 of the NDPS has not been complied. It is further submitted that the petitioner is languishing in judicial custody since 25.07.2023.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Jogbani P.S. Case No. 200 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-cum Special Judge, NDPS, Act, Araria.

(Sunil Kumar Panwar, J) Manishkr/- U T