Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86097 of 2023 Arising Out of PS. Case No.-712 Year-2023 Thana- KATIHAR NAGAR District- Katihar ====================================================== Chandan Kumar S/O Mahadev Mahaldar @ Madho Mahaldar R/O Musapur, W.No. - 2, Ps - Korha, Dist - Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s :

Ms. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 16-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Katihar Town (Nagar) P.S. Case No.712 of 2023, registered for the offences punishable under Sections 8(c)/21(a)/25 of the N.D.P.S. Act.

3. As per the prosecution case, there is recovery of Rs. 59,000/- from the possession of the petitioner and 0.62 gm. smack from the pocket of co-accused namely Ravi Kumar.

4. Learned counsel for the petitioner submits that the petitioner has no criminal antecedent and has been falsely implicated in this case. No incriminating article has been recovered from the possession of the petitioner. Petitioner has no concern with the co-accused from whom the said smack of

Patna High Court CR. MISC. No.86097 of 2023(2) dt.16-01-2024 2/2 0.62gm which comes under small quantity was recovered. Police has not complied the provision of Section 100 Cr.P.C. The recovered cash amount from the petitioner belongs to the petitioner who is in jail custody since 28.09.2023. It is further submitted that the other co-accused namely Saurav Kumar has been granted bail by the co-ordinate bench of this Court vide order dated 15.01.2024 in Cr. Misc. No. 332 of 2024.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court of Sessions Judge, Katihar in connection with Katihar Town (Nagar) P.S. Case No. 712 of 2023.

(Sunil Dutta Mishra, J) ravikr/- U T