Karan Dhangar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1350 of 2024 Arising Out of PS. Case No.-642 Year-2023 Thana- BUDDHACOLONY District- Patna ====================================================== Karan Dhangar Son Of Prahlad Dhangar @ Raju Dhangar Resident Of Chinakothi, Harijan Colony, P.S. - Buddha Colony, District - Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ghanshyam Tiwary, Adv.

For the Opposite Party/s :

Mr.Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Buddha Colony P.S. Case No. 642 of 2023 dated 04.10.2023 registered for the offences punishable u/ss 8(c) and 21(b) of the N.D.P.S. Act.

3. As per the prosecution case, 16 gms of smack was recovered from the house of the co-accused, Aarti Devi.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is made accused in this case only because he is the husband of the co-accused, Aarti Devi. Nothing has been recovered from the conscious possession of the petitioner. Learned counsel has further submitted that the seized contraband is less than the commercial quantity. The petitioner has six criminal antecedents as stated in para 3 of the bail petition.

Patna High Court CR. MISC. No.1350 of 2024(2) dt.13-02-2024 2/2

5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Patna in connection with Buddha Colony P.S. Case No. 642 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure with further condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the prosecution will be at liberty to move for cancellation of his bail bond.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T