Devendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26995 of 2023 Arising Out of PS. Case No.-329 Year-2021 Thana- SUGAULI District- East Champaran ====================================================== DEVENDRA PASWAN SON OF RAGHUBIR PASWAN Resident of Village - Brindaban Gote, Mushahari, P.S. - Tariyani, Distt. - Sheohar ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jitendra Kumar For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under section 414 of the IPC and Section 8, 20 (B) (II) (c ) of NDPS Act.

Prosecution case relates to recovery of one stolen motorcycle without registration number and 2.250 kilogram charas like substance from the possession of the petitioner. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this Case. No local person was made as a witness of the seizure list rather seizure list witnesses are police personnel. There is complete violation of provision of Section 50 of the NDPS Act. Petitioner is

Patna High Court CR. MISC. No.26995 of 2023(3) dt.23-06-2023 2/2 languishing in judicial custody since 10.8.2021. Learned APP appearing for the State has opposed the prayer of Bail and submitted that as per FSL report, the seized article is Charas, and the same was beyond the commercial quantity. During investigation, several witnesses have supported the prosecution story.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is not inclined to enlarge the petitioner on bail. Hence, the prayer for bail stands rejected.

The trial court is directed to expedite and conclude the trial.

(Sunil Kumar Panwar, J) sushma/- U