Nirmal Paswan @ Nirmal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34909 of 2023 Arising Out of PS. Case No.-460 Year-2022 Thana- RANIGANJ District- Araria ====================================================== Nirmal Paswan @ Nirmal Kumar Son Of Late Dayanand Paswan Resident Of Village- Goethi Domaria Ward No. 01, Ps- Raniganj, Distt- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s :
Mr. Harendra Prasad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Raniganj P.S. Case No. 460 of 2022 dated 27.12.2022, corresponding to Special Case No. 56 of 2022 instituted for the offences punishable under Sections 21/22 of the N.D.P.S. Act.
3. The prosecution case, in brief, is that on 27.12.2022, the informant received an information about a vehicle carrying alcoholic liquor and when they start checking, one tempo driver ran away on seeing the police. On search, they recovered 62 litres (620 bottles of 100 ml) Codeine cough syrup from the tempo bearing registration no. BR 38 P-4826.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in this
Patna High Court CR. MISC. No.34909 of 2023(2) dt.24-06-2023 2/2 case. It is further submitted that nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the seized Tempo or with the seized articles. Lastly, it has been submitted that the petitioner is in custody since 12.02.2023 have one criminal case against him and charge-sheet has been submitted in the case.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Araria in connection with Raniganj P.S. Case No. 460 of 2022. (Khatim Reza, J) Annpurna/- U T