Vinod Kumar Paswan @ Vinod Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5298 of 2025 Arising Out of PS. Case No.-565 Year-2024 Thana- ARARIA District- Araria ====================================================== Vinod Kumar Paswan @ Vinod Paswan S/o- Viswanath Paswan Village- L R P Road ward no 14 PS- Bahadurganj, Dist- Kishanganj ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mritunjay Kumar, Advocate For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Araria PS Case No. 565 of 2024 instituted for the offences under Sections 8, 20(b)(ii)(c) of the NDPS Act.

3.

Prosecution allegation, in short, is that there is recovery of 4.070 grams ganja from the possession of the petitioner.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner

Patna High Court CR. MISC. No.5298 of 2025(2) dt.06-02-2025 2/2 further submits that petitioner has no concern with the recovered contraband and separate seizure list was made regarding recovery from the petitioner's possession. The recovered contraband is below the commercial quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. The petitioner is in custody since 13-11-2024 and has got no criminal antecedent. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, recovery below commercial qunatity and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Araria PS Case No. 565 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T