Shiv Nandan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27813 of 2024 Arising Out of PS. Case No.-109 Year-2023 Thana- KOTHI District- Gaya ====================================================== Shiv Nandan Paswan Son of Late Rameshwar Paswan Resident of VillageBengadohar, P.S.- Kothi, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Kumar, Advocate For the Opposite Party/s :

Ms. Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Kothi P.S. Case No. 109 of 2023 instituted for the offence under Sections 8/15(c), 18, 25 & 29 of the NDPS Act. 3.

Prosecution case in short is that 1652 Kgs opium was recovered from newly constructed Primary School, Bengadohar.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 07-09-2023. Petitioner is a man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present

Patna High Court CR. MISC. No.27813 of 2024(2) dt.29-04-2024 2/2 case. From perusal of the FIR, it would reveal that nothing has been recovered from the possession of the petitioner. It is also submitted that place of occurrence is naxal prone area and petitioner has no concern with the said contraband article. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned A.P.P. submits that recovered contraband is above the commercial quantity, hence, there is bar under Section 37 of the N.D.P.S. Act. Hence, the petitioner does not deserve privilege of bail.

7.

Considering the aforesaid facts and circumstances of the case and recovery of contraband beyond commercial quantity coupled with embargo under Section 37 of the N.D.P.S. Act, this Court is not inclined to grant bail to the petitioner.

8.

The prayer is rejected.

9.

The Trial Court is directed to expedite the trial without any undue delay and unnecessary adjournments. (Rudra Prakash Mishra, J) Raj Kishore/- U T