Guddu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22078 of 2021 Arising Out of PS. Case No.-627 Year-2020 Thana- MASAUDHI District- Patna ====================================================== GUDDU PASWAN Son of Ram Nath Paswan Resident of Village - Dudhichak, P.S.- Masaurhi, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-07-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Masaurhi P.S. Case No. 627 of 2020 (Special Case No. 149 of 2020), registered for the offence punishable under Sections 20/22 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

As per the prosecution case, 05 Kg of Ganja has been recovered from the courtyard of the house of petitioner. It is submitted on behalf of the petitioner that nothing has been recovered from conscious possession of the petitioner. Mandatory provision of search and seizure has not been followed. The recovered Ganja is less than commercial quantity,

Patna High Court CR. MISC. No.22078 of 2021(3) dt.26-07-2021 2/2 as such rigorous of Section 37 of the NDPS Act, would not be attracted. Petitioner claims clean antecedent and he is in custody since 09.01.2021.

Learned APP however, vehemently opposed the prayer for bail and submitted that huge quantity of Ganja has been recovered from the house of petitioner.

Considering the facts aforesaid and the nature of allegation, I am not inclined to enlarge the petitioner abovenamed on bail. However, once charge has been framed and trial is commenced, the petitioner shall be released on bail by the learned trial court on its own satisfaction and on the condition that petitioner will cooperate in disposal of trial and appear before the court, as and when required.

(Prabhat Kumar Singh, J) vinita/- U T