The Patna High Court granted anticipatory bail to the petitioner, Om Prakash Chauhan, apprehending arrest in a narcotics case. The court directed appearance and set bond conditions while allowing the application.
Enlargement on anticipatory bail subject to compliance with CrPC 438(2) conditions, including physical presence.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.73952 of 2023
Arising Out of PS. Case No.-726 Year-2022 Thana- BAGHA District- West Champaran
======================================================
Om Prakash Chauhan Son Of Sri Ramakant Chauhan Resident Of Village Nibiyahwa Madhubani, Ward No. 07, Ps- Dhanaha, Dist- West Champaran
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Sagar Kumar, Advocate For the Opposite Party/s : Mr. Anand Kishore Choudhary, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 06-12-2023
Learned counsel for the petitioner is permitted to
remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.
2. Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
3. The petitioner is apprehending his arrest in connection with Bagaha P.S F.I.R. No. 726 of 2022 dated 22.10.2022 registered for the offence punishable u/ss 8/20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act.
4. As per the prosecution case, total 60.700 kg of Ganja kept in five bags recovered from the two
Patna High Court CR. MISC. No.73952 of 2023(2) dt.06-12-2023 2/3
apprehended persons namely, Motilal Chauhan and Rajesh Sah .
5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. It is further submitted that name of the petitioner has been disclosed on the confessional statement of two apprehended persons namely, Motilal Chauhan and Rajesh Sah. Learned counsel has further submitted that no incriminating article has recovered from the possession of the petitioner rather the recovery was made from the co-accused persons and the seized contraband is of commercial quantity. The petitioner has one criminal antecedent as stated in para 3 of the bail petition.
6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.
7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.73952 of 2023(2) dt.06-12-2023 3/3
satisfaction of the learned court concerned, West Champaran at Bettiah in connection with Bagaha P.S. F.I.R. No. 726 of 2022, 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 bail bond of the petitioner is liable to be cancelled.
8. The application stands allowed.
(Chandra Prakash Singh, J)
Nilmani/-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail although he was apprehending arrest in connection with FIR No. 726 of 2022 registered under sections 8/20(b)(ii)(c) of the NDPS Act.
1 provisions across 1 enactments
Om Prakash Chauhan
State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
