Jitu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18312 of 2018 Arising Out of PS. Case No.-479 Year-2017 Thana- DIGHA District- Patna ====================================================== Jitu Paswan, Son of Bhuvneshwar Paswan, R/o Ramji Chak, Naharpur, P.S.- Digha, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Samrendra Kumar Jha For the Opposite Party/s :

Mr. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 30(a) and 38(1) of the Bihar Prohibition and Excise Act, 2016 and Sections 20 and 22 of N.D.P.S. Act. Prosecution case, in short, is that 250 grams ganja is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.12.2017 and has got no criminal antecedent. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 250 grams ganja is recovered in this case. The same is below the commercial quantity. There is no compliance of Section 42 of

Patna High Court Cr.Misc. No.18312 of 2018(2) dt.03-04-2018 2/2 the N.D.P.S. Act. Other co-accused has been granted bail vide order dated 20.03.2018 passed in Cr. Misc. No. 15823/2018. On behalf of the State, it is submitted that the petitioner is named in the F.I.R/complaint case. Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, 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 learned Special Judge, Excise, Patna in connection with Special Case No. 9191 of 2017 (arising out of Digha P.S. Case No. 479 of 2017).

(Sudhir Singh, J) Pankaj/- U T