Ram Sewak Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19407 of 2019 Arising Out of PS. Case No.-199 Year-2018 Thana- BARAUNI RAIL P.S. District- Begusarai ====================================================== RAM SEWAK PASWAN, Son of Late Dorik Paswan, Resident of Village - Lakhanpur, P.S. - Lakho O.P., District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar Singh For the Opposite Party/s :
Mr. Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-04-2019 Heard leaned counsel for the petitioner and learned APP for the State.
The petitioner is languishing in custody since 10.12.2018 in a case registered for the offences punishable under Section 414 of the Indian Penal Code and under Sections 20/22 of the NDPS Act.
The prosecution case is that the informant, being a police officer saw the petitioner sitting in suspicious condition on the platform no.4 of Barauni Railway Station. It is further alleged that from the possession of the petitioner, mobile phone, cash, jewelries, a blade and eight packs of tablets printed as PFIZER Limiter were recovered.
It is submitted by learned counsel for the petitioner that no incriminating articles have been recovered from the
Patna High Court CR. MISC. No.19407 of 2019(2) dt.01-04-2019 2/2 conscious physical possession of the petitioner and only on the basis of suspicion, the accusation has been levelled against the petitioner. It is further submitted that the investigation has already been concluded. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.
Learned APP for the State submits that the nature of recovery create suspicion in the mind of the informant. Considering the nature of recovery, period under custody and the fact that the investigation already being concluded, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned District and Sessions Judge, Begusarai in connection with NDPS Case No. 32 of 2018 arising out of Barauni Rail P.S. Case No.199 of 2018.
(Dinesh Kumar Singh, J) Deepak/- U T