Raju Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31191 of 2021 Arising Out of PS. Case No.-603 Year-2020 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== RAJU KUMAR PASWAN Son of Prabhu Paswan Village- Anandi Chhapra, P.S.- Sahebganj, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yashraj Bardhan For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-11-2021 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks bail in connection Sahebganj P.S. Case no. 603 of 2020 registered for the offence punishable under sections 399, 402 Indian Penal Code read with sections 25(I-b)a 26 and 35 of the Arms Act and sections 8, 20 and 22 of NDPS Act. Learned counsel for the petitioner submits that petitioner is in custody since 30.11.2020 and charge sheet has been submitted. Learned counsel for the petitioner further submits that from perusal of the allegation as alleged in the FIR, it would manifest that the informant alleges that 500 gram Charas and mobile were recovered from one Rakesh Kumar and from this petitioner, nothing has been recovered. He next submits that petitioner has been made accused only for the reason that he was found in the company of Rakesh Kumar from whose possession alleged article was recovered.

Patna High Court CR. MISC. No.31191 of 2021(2) dt.29-11-2021 2/2 Learned APP opposes the prayer for bail and submits that though there may be no recovery from this petitioner but this petitioner has six criminal antecedent as mentioned in para 3 of bail petition.

Considering the facts that petitioner is in jail custody since 30.11.2020 and charge sheet has been submitted, the petitioner is directed to be released on bail on furnishing bail bonds of Rs 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the Sessions Judge-cum- Special Judge (NDPS), Muzaffarpur in NDPS Case no. 126/2020 corresponding to Sahebganj P.S. Case no. 603 of 2020 with condition that one of the bailers would be his father and till trial does not commence petitioner would mark his attendance on 15th of every month in the concerned police station commencing from December, 2021, in the event, if petitioner flouts condition of bail, the learned court below would be at liberty to cancel his bail bond.

(Satyavrat Verma, J) s.hassan/- U T