Bhola Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23138 of 2015 Arising Out of PS.Case No. -431 Year- 2010 Thana -AURANGABAD TOWN DistrictAURANGABAD ====================================================== Bhola Paswan Son of late Heera Paswan resident of Village- Baghi, P.s Navinagar, District Aurangabad.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Bachan Jee Ojha, Advocate For the Opposite Party : Mr. Kalayan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-06-2015 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Aurangabad (T) P.S. Case No.431 of 2010 for the offence punishable under Sections 120B and 414 of the Indian Penal Code, Section 20/22 of the Narcotic Drugs & Psychotropic Substances Act and Section 52 of the Prisoner Act.
The prosecution story, in brief, is that the Sub-Divisional Police Officer informed the informant (S.H.O.) on mobile that jail inmates after obtaining mobile from their relatives are engaged in illegal activities. Hence, a thorough search operation has to be conducted in jail. When the informant along with other police personnel and officers made search in jail, mobiles and chargers from the other prisoners including the petitioner were recovered.
Patna High Court Cr.Misc. No.23138 of 2015 (2) dt.11-06-2015 2/2 From possession of Zubair, 28 Puria Ganja weighing 30 grams and one CD were recovered. Accordingly, a seizure list was prepared. It has been submitted on behalf of the petitioner that as per the prosecution case, one Nokia Mobile phone is said to have been recovered from the possession of the petitioner and no contraband articles are said to have been recovered from his possession. Further it has been pointed out that other accused Zubiar Alam@ Md. Zubair Alam @ Md. Zubair Ahmad has been granted bail by a Bench of this Court vide Cr.Misc.No.26795 of 2013. It is further submitted that the petitioner is in custody since 03.11.2010.
On behalf of the State, it has been submitted that the petitioner is named in the first information report. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge-I, Aurangabad in Aurangabad (T) P.S. Case No.431 of 2010.
(Sudhir Singh, J) B.T/- U T