Chandan Paswan @ Chandan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30969 of 2024 Arising Out of PS. Case No.-235 Year-2023 Thana- SURYAPURA District- Rohtas ====================================================== Chandan Paswan @ Chandan Ram, Aged about 28 years, Male, Son Of Dineshwar Ram @ Dineshwar Paswan, Resident of Village- Dharamgatpur, P.S.- Suryapura , District -Rohtas (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr. Advocate Mr. Rajani Kant Singh, Advocate For the Opposite Party/s :

Mr.Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 25-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with N.D.P.S. Case No. 04 of 2024 arising out of Suryapura P.S. Case No.235 of 2023 instituted for the offences punishable under Sections 20(b) and 22(b) of the N.D.P.S. Act.

3. As per the prosecution case, on secret informant police reached at the place of occurrence and arrested three accused persons from there. On search, total 8.43 mg. Heroin like narcotic substance, cash of Rs. 16360/-, four mobiles, one key of motorcycle and one T.V.S. scooter were recovered from their possession.

Patna High Court CR. MISC. No.30969 of 2024(2) dt.25-04-2024 2/3

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to his criminal history as mentioned in para 3 of the bail petition. He has no concern with the alleged recovery. Neither the petitioner was arrested on the spot nor anything has been from his conscious possession. His name came in this case on the basis of disclosure made by the apprehended co-accused Munshi Giri which has no evidentiary value in the eye of law. Both the seizure list witnesses are police personnel which is complete violation of Section 100 of Cr.P.C. the other co-accused namely, Santosh Pandey has already been granted bail by this Court vide order dated 23.02.2024 passed in Cr. Misc. No. 11526 of 2024. Moreover, petitioner is languishing in judicial custody since 30.01.2024.

5. Learned APP for the State has vehemently opposed the prayer for bail.

6. Considering the facts and circumstances of the case and submissions made on behalf of the petitioner as well as period of custody of the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.30969 of 2024(2) dt.25-04-2024 3/3 each to the satisfaction of the learned 5th Additional Sessions Judge, Rohtas at Sasaram in connection with N.D.P.S. Case No. 04 of 2024 arising out of Suryapura P.S. Case No.235 of 2023.

(Ramesh Chand Malviya, J) lata/- U T