Patna High CourtCR. MISC./26069/2021allowed

Tipu Gowala v. The State Of Bihar

2021-10-28Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26069 of 2021 Arising Out of PS. Case No.-265 Year-2020 Thana- LALGANJ District- Vaishali ====================================================== Tipu Gowala Son Of Ranjeet Gowala Resident Of Village Patapokhar , P.S. Rajgang Jalpaigudi, Dist.- Silligurhi (West Bengal) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 27110 of 2021 Arising Out of PS. Case No.-265 Year-2020 Thana- LALGANJ District- Vaishali ====================================================== Kalu Paswan Son Of Deepak Paswan R/O - Naya Tola, Jurabganj, P.S.- Kordha, District- Katihar.

... ... Petitioner/s

Versus

The State of Bihar 2.

Union Of India, Ministry Of Home Affairs, Narcotics Control Bureau, Patna Zonal Unit, Bihar ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 26069 of 2021) For the Petitioner/s :

Mr.Rana Vikram Singh, Adv.

For the Opposite Party/s :

Mr. Bishweshwar Ram, APP (In CRIMINAL MISCELLANEOUS No. 27110 of 2021) For the Petitioner/s :

Mr.Uma Shankar Prasad Singh, Adv.

For the U.O.I.

Mr. K.N. Singh, ASG For the Opposite Party/s :

Mr. Dinesh Singh, adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-10-2021 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered for the offence punishable under Sections 20, 22, 23, 24, 27 and 29 of the NDPS Act and Sections 413, 420, 467 and 468 of the Indian

Patna High Court CR. MISC. No.26069 of 2021(3) dt.28-10-2021 2/2 Penal Code.

Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. He submits that 600 grams of Charas was recovered from the possession of the petitioners which is less than the commercial quantity. He further submits that petitioners bear three criminal antecedent as stated in para-3 of the bail application and they are languishing in judicial custody since 06.09.2020.

Considering the facts and circumstances of the case as well as the period of custody and the fact that recovered contraband article is less than commercial quantity, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Lalganj P.S. Case No. 265 of 2020. (Anjani Kumar Sharan, J) devendra/- U T