Dilip Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19898 of 2017 Arising Out of PS.Case No. -15 Year- 2017 Thana -ARA NAGAR District- BHOJPUR ======================================================

1. Dilip Paswan Son of Shyam Kishor Paswan, Resident of Village- Gous Ganj, P.S. Ara Town, District- Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surendra Kumar Singh, Advocate Mr. Prabhat Kumar Singh, Advocate For the Opposite Party/s : Mr. Anil Kumar Singh 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 29-06-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 21(b) of the N.D.P.S. Act.

Some other co-accused persons were apprehended and just above small quantity of heroin was recovered from their possession. They disclosed that they have purchased the same from the petitioner, who deal in the business of heroin. Submission of the learned counsel for the petitioner is that the petitioner has got no criminal antecedent and he has falsely been implicated due to political reason by the local ward parshad. Even after disclosure by the co-accused that petitioner is

Patna High Court Cr.Misc. No.19898 of 2017 (3) dt.29-06-2017 2/2 supplier of heroin, the police did not raid the house or any other place of the petitioner nor anything has been recovered which is evident from the case-diary.

Considering the aforesaid fact, there is no substantial material against the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Bhojpur at Ara/Successor Court in connection with N.D.P.S. Case No.2 of 2017, arising out of Ara Town Police Station Case No.15 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. With further condition that petitioner shall fully cooperate with the investigation and trial of the case, failing which the Court-below shall be at liberty to take steps for cancellation of the bail-bonds of the petitioner in this case. (Birendra Kumar, J) Mkr./- U T