Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85870 of 2023 Arising Out of PS. Case No.-375 Year-2023 Thana- DUMRAO District- Buxar ====================================================== Chandan Kumar Son of Sumeshwar Sah R/o village- kadwi, ward no. 18 P.S.- Dumraon, Distrct- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Pandey For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 21, 22, 27 of the N.D.P.S Act.

There is recovery of 5.86 grams of Heroine from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the seized contraband. Moreover, the seized contraband is much below the

Patna High Court CR. MISC. No.85870 of 2023(2) dt.16-01-2024 2/2 commercial quantity. The petitioner is languishing in custody since 18.09.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail after framing of charge, if the charge has still not been framed and on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-cum-Special Judge, N.D.P.S Act, Buxar in connection with Dumraon P.S. Case No. 375 of 2023.

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