Regular bail application in an NDPS case where charas was recovered from a co-accused who named the petitioner. Considering custody period and allegations, the High Court directed enlargement on bail with two sureties.
Bail granted on furnishing bond of Rs. 20,000 with two sureties of like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 56078 of 2024
Arising Out of PS. Case No.-196 Year-2023 Thana- CHAKIA District- East Champaran
======================================================
Chandan Ram @ Chandan Kumar Nirala S/O Kailash Ram R/O VillageHindu Chakia, P.S- Chakia, Distt.- East Champaran.
... ... Petitioner/S
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Adv For the Opposite Party/s : Mr. Uday Chand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 20-08-2024
Heard learned counsel for the petitioner and learned
A.P.P for the State.
2 . The petitioner has preferred this application for grant of regular bail in connection with Chakia P.S. Case No. 196 of 2023 dated 29.05.2023 registered for the offences punishable u/s 08/20(b)(ii)(c)/23/25 of the NDPS Act.
3 . As per the prosecution case, total 1.430 gms. of Charas was recovered from the possession of the co-accused Sanjeet Choudhary . During interrogation, the co-accused Sanjeet Choudhary disclosed that he has two other associates namely Chandan Ram (Petitioner) and Prince Ram and they brought the said seized Charas from Nepal to sell it in Delhi.
4 . Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No. 56078 of 2024(2) dt.20-08-2024 2/2
that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner was disclosed by the coaccused Sanjeet Chaudhary. Nothing has been recovered from the conscious possession of the petitioner rather the recovery has been made from the conscious possession of the co-accused Sanjeet Chaudhary . The petitioner has three antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 27.05.2024.
5 . Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6 . Considering the aforesaid facts and circumstances of the case and the allegation levelled against the petitioner as well as the period of custody, the petitioner above-named, is directed to 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 learned Court concerned, East Champaran in connection with Chakia P.S. Case No. 196 of 2023.
7 . The application stands allowed.
(Chandra Prakash Singh, J)
Jyoti/-
U T
1 issue framed by the court
Whether a person implicated only through a co-accused's disclosure, with no direct recovery from him, should be granted regular bail under the NDPS Act.
1 provisions across 1 enactments
Chandan Ram @ Chandan Kumar Nirala
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
