Chetan Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1195 of 2020 Arising Out of PS. Case No.-476 Year-2019 Thana- ARA NAGAR District- Bhojpur ====================================================== CHETAN PASWAN Son of Late Ravi Ranjan Resident of Village - Gausganj, P.S.- Ara Town, Distt - Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sarveshwar Tiwary For the Opposite Party/s :
Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-01-2020 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Ara Town P.S. Case No. 476 of 2019 for the offence registered under Section 21(b) of the N.D.P.S. Act The allegation is regarding recovery of 131 gram of heroin from the house of the petitioner.
The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case. It is submitted that the petitioner is having a clean antecedent. It is further submitted that the petitioner is languishing in custody since 06.11.2019. Lastly, it is submitted that the quantity of heroin recovered from the house of the petitioner is not commercial quantity as per the Schedule to the
Patna High Court CR. MISC. No.1195 of 2020(2) dt.16-01-2020 2/2 NDPS Act, 1985, hence there is no impediment in grant of regular bail to the petitioner herein.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner coupled with the fact that the petitioner is having a clean antecedent and the quantity of heroin recovered from the house of the petitioner is not commercial quantity as per the schedule to the NDPS Act, 1985, I deem it fit and proper to direct for release of the petitioner herein on regular bail. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District & Sessions Judge, Bhojpur, Ara in connection with Ara Town P.S. Case No. 476 of 2019. (Mohit Kumar Shah, J) S.Sb/- U T