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Patna High CourtCR. MISC./43913/2021bail rejected

Sanjay Paswan Alias Rinku Paswan v. The State Of Bihar

2022-04-06Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43913 of 2021 Arising Out of PS. Case No.-647 Year-2020 Thana- NAGAR District- Vaishali ====================================================== SANJAY PASWAN ALIAS RINKU PASWAN Son of Vasant Paswan Resident of Village - Bhagwanpur, P.S and Distt.- Vaishali. ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Ajit Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 06-04-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner seeks regular bail in connection with Hajipur Town P.S. Case No. 647 of 2020, registered for the offence punishable under Sections 20, 22, 23, 24, 27, 27(A) and 29 of N.D.P.S. Act, pending in the Court of learned Sessions Judge-1st-cum-Special Judge, NDPS, Vaishali, Hajipur. The allegation is of recovery of half kilogram of Charas from the possession of the petitioner. Learned counsel appearing on behalf of petitioner submits that petitioner is innocent and he has falsely been implicated in this case. The alleged recovery of Charas is more than small quantity and less than commercial quantity. The

Patna High Court CR. MISC. No.43913 of 2021(3) dt.06-04-2022 2/2 petitioner is in custody since 02.10.2020.

Considering the facts and circumstances of the case and taking into consideration the quantity of narcotics i.e. Charas recovered from the conscious possesssion of the petitioner, I am not inclined to enlarge the petitioner on bail, at this stage. Accordingly, the prayer for grant of regular bail is rejected.

The Superintendent of Police, Vaishali at Hajipur is directed ensure the presence of all the prosecution witnesses before the trial Court on the date fixed without fail. However, the learned trial Court is directed to conclude the trial expeditiously, well within a period of nine months. If no substantial progress takes place in trial, the petitioner, if so advised, may renew his prayer for bail after nine months.

(Purnendu Singh, J) manish/- U T