Chandan Thakur Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2024)

Chandan Thakur Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2024)

What the court decided

AI extract

Outcome

Petitioner released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge-V, Supaul, subject to conditions: (i) one bailor to be a family member/relative providing an official document of bona fide; (ii) appearance on each and every date before the Trial Court, failure on two consecutive dates without plausible reason entailing cancellation of the bail bond by the Trial Court; (iii) appearance before the concerned police station every fortnight for six months to mark attendance; (iv) no inducement, promise or threat to witnesses or tampering with evidence, failing which the State may seek cancellation of the bail bonds; (v) desistance from committing any criminal offence, failing which the State may take steps for cancellation of the bail bonds.

Issue for consideration

Whether petitioner Chandan Thakur, in custody in connection with Supaul P.S. Case No. 510 of 2023 (offences under Sections 8 and 21(b) of the N.D.P.S. Act), should be released on bail. +1 more

Court's answer

Bail granted: the petitioner is to be released on furnishing a bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of the learned Additional Sessions Judge-V, Supaul, in connection with Supaul P.S. Case No. 510 of 2023, subject to five specified conditions.

Ratio / Principle

The grant of bail rested on the recovered quantity being below the small quantity under the NDPS Act, the petitioner having no criminal antecedent, and his being in custody since 02.08.2024.

Detailed headnote1 paragraphs

Bail granted - Patna High Court (Cr. Misc. No. 84045 of 2024, decided 10-12-2024, Rajiv Roy, J): Chandan Thakur, in custody since 02.08.2024 in Supaul P.S. Case No. 510 of 2023 lodged on 24.06.2023 by informant Birendra Prasad under Sections 8 and 21(b) of the N.D.P.S. Act over alleged secret sale of Cortex and seizure of 40 bottles of 100 ml each (totaling 4 liters) of WISCOF Syrup from an Apache motorcycle, was released on bail - the seizure list showing a total quantity of 8 gram, below the small quantity under the NDPS Act, and the petitioner having no criminal antecedent - on a bail bond of Rs. 10,000/- with two sureties of like amount each to the satisfaction of the learned Additional Sessions Judge-V, Supaul, with conditions including a family-member bailor with bona fide documents, appearance on every trial date, fortnightly police-station reporting for six months, and no tampering with witnesses or evidence.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.84045 of 2024

Arising Out of PS. Case No.-510 Year-2023 Thana- SUPAUL District- Supaul

======================================================

Chandan Thakur S/o Wakil Thakur R/V Padampur, Ward No 10, PS- Bihra, Dist- Saharsa

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Pramod Mishra, Adv. For the Opposite Party/s : Mr. Zainul Abedin, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

2 10-12-2024 Heard Mr. Pramod Mishra, learned counsel for the petitioner and the State.

The petitioner is in custody in connection with Supaul P.S. Case No. 510 of 2023 for the offence punishable under sections 8 and 21(b) of N.D.P.S. Act of the Indian Penal Code lodged on 24.06.2023 by the informant, Birendra Prasad.

As per the prosecution story, the informant alleged that the informant alleged that an Apache motorcycle was intercepted upon information that accused are selling Cortex secretly, there is recovery/seizure of 40 bottles of 100 ml each, totaling 4 liters WISCOF Syrup which comes under narcotics substance. This led to the FIR.

It is the case of the petitioner that though motorcycle belongs to his family, he has absolutely no criminal

Patna High Court CR. MISC. No.84045 of 2024(2) dt.10-12-2024 2/3

antecedent and is in custody since 02.08.2024. Further, as per the seizure list itself, the total quantity comes to 8 gram, which is even below the small quantity.

Learned APP opposes the prayer for bail submitting that from his own motorcycle, the recovery is there.

Taking into account the aforesaid submissions as also the fact that the recovered quantity is below the small one under the NDPS Act, he has no criminal antecedent and is in custody since 02.08.2024, this Court is inclined to extend him the privilege of bail with conditions.

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge-V, Supaul in connection with Supaul P.S. Case No. 510 of 2023 subject to the following conditions:

(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

Patna High Court CR. MISC. No.84045 of 2024(2) dt.10-12-2024 3/3

(iii) the petitioner shall appear before the concerned police station every fortnight for six months to mark his attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

(Rajiv Roy, J)

Vijay Singh/-