Chandan Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40074 of 2021 Arising Out of PS. Case No.-23 Year-2021 Thana- SONPUR RAIL P.S. District- Saran ====================================================== Chandan Kumar Paswan S/O Sri Krishna Paswan R/V- Pakri Bazar, P.O.- Bhairopur, P.S.- Bidupur, Distt- Vaishali.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar Sinha For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-01-2022 Heard the learned counsel for the petitioner and the learned APP for the State through video conferencing. The petitioner seeks bail in connection with Sonpur Rail P. S. Case No.23 of 2021 (N.D.P.S. Special Case No.05 of 2021), instituted for the offences under Sections 8, 20, 22 of the N.D.P.S. Act, 1985.

The learned counsel for the petitioner submits that the petitioner is in custody since 25.02.2021, he is a person with clean antecedent and charge-sheet has been submitted in the case.

Allegation is of recovery of 16 kg. of ganja from a trolley bag which allegedly was being carried by the petitioner. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. The

Patna High Court CR. MISC. No.40074 of 2021(2) dt.11-01-2022 2/3 trolley bag did not belong to him and he was going to board a train No.02565 at Sonpur Chapra when the Rail Police came and based on suspicion started searching him and trolley bag, which was kept in the train, was alleged that the same belonged to the petitioner.

The learned counsel for the petitioner submits that even presuming without admitting that what is alleged in the F.I.R. is true then also the alleged recovery is less than the commercial quantity.

The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner is in custody since 25.02.2021, he is a person with clean antecedent, chargesheet has been submitted in the case and recovery of ganja is less than the commercial quantity, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum-Special Judge, Saran at Chhapra in connection with Sonpur Rail P. S. Case No.23 of 21 (N.D.P.S. Special Case No.05 of 2021), with a condition that petitioner will have to mark his attendance before the concerned police

Patna High Court CR. MISC. No.40074 of 2021(2) dt.11-01-2022 3/3 station in between 25th to 30th of every month commencing from January, 2022, till the charges are not framed. In the event, the concerned police station reports to the learned Court below that petitioner has violated the condition imposed as aforesaid in any of the month before framing of charge, the learned Court below will be at liberty to cancel his bail bonds.. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T