IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42427 of 2021

Arising Out of PS. Case No.-77 Year-2021 Thana- BANMANKHI District- Purnia

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CHANDAN KUMAR CHAUDHARY @ CHANDAN CHAUDHARY Son of

Late Mahadev Chaudhary @ Shambhu Prasad Chaudhary R/o Village -

Bajrangwali mandir Ward No. 3, P.S. - Banmankhi, District - Purnea.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr.N.K. Agarwal, Sr. Adv.

Mr.Dr. Bidhu Ranjan

For the Opposite Party/s :

Mr.Md. Matloob Rab

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN

ORAL ORDER

2

22-01-2022

Heard the parties through virtual mode.

Learned Senior Counsel for the petitioner undertakes to

remove the defects within four weeks of resumption of normal

court proceedings. In the eventuality of non-removal of defects

within undertaken period, the office will place the matter before

the Bench.

Petitioner apprehends his arrest in connection with a case

registered for the offence punishable under sections 275, 276 of

the IPC, 30(a) of the Bihar Prohibition and Excise Act and 21

(b) of the N.D.P.S. Act.

Altogether 90 bottles, each containing 100 ml of codine

cough syrup is said to have been recovered from the medical

shop of the petitioner.

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Learned counsel for the petitioner submits that petitioner

is quite innocent and has not committed any offence as alleged

in the FIR. He has been falsely implicated in this case. He has

neither been apprehended on the spot nor any incriminating

article has been recovered from his conscious physical

possession. The allegation against the petitioner is that he fled

away from the spot and 90 bottles of cough syrup has been

recovered from his shop but there is no any independent witness

of the alleged recovery. The seizure has not been made in

accordance with the law provided under the N.D.P.S. Act.

Petitioner has no concern either with the seized syrup or any

trade of the same. Petitioner has no criminal antecedent, as also

mentioned in para-3 of the bail application.

Petitioner is agreed to deposit a sum of Rs. 20,000.00/-

(Rupees Twenty Thousand) in the Juvenile Justice Fund, Bihar

bearing Account No.35094613009, IFSC SBIN0000153, State

Bank of India, Patna Secretariat Sinchai Bhawan Branch, Patna.

Considering the aforesaid facts and circumstances, let the

petitioner, named above, in the event of his arrest/surrender

before the learned court below within a period of six weeks

from today, be released on anticipatory bail, on furnishing bail

bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with two

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sureties of the like amount each to the satisfaction of the learned

Court below, where the case is pending/Successor court, in

connection with Banmankhi P.S. Case No.77 of 2021, subject to

the condition as laid down under Section 438 (2) of the Cr.P.C,

as also the following conditions:

(1)

One of the bailors will be a close relative of the

petitioner, who will give an affidavit giving genealogy as to how

he is related with petitioner. He will also undertake to inform the

Court if there is any change in the address of petitioner.

(2)

The bailor shall also state on affidavit that he will

inform the Court concerned if the petitioner is implicated in any

other case of similar nature and thereafter the Court below will

be at liberty to initiate proceeding for cancellation of

anticipatory bail on the ground of misuse.

The bail bond of the petitioner shall be accepted by the

learned Court below on showing receipt of deposit of

Rs.20,000.00/- (Rupees Twenty Thousand) in the Juvenile

Justice Fund.

pallavi/-

(Anjani Kumar Sharan, J)

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