Suresh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36609 of 2023 Arising Out of PS. Case No.-116 Year-2023 Thana- SHERGHATI District- Gaya ====================================================== SURESH PASWAN Son of Late Babu Lal Paswan Resident of Mohalla - Barki Delha, P.S. - Delha, Distt. - Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Priya Ranjan For the Opposite Party/s :
Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-07-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under sections8, 20 (i) (ii) of the NDPS Act.
As per prosecution case, it is a case of recovery of total 5.95 kg ganja like substance from the possession of the petitioner. It is further alleged that one motorcycle was also recovered from the accused persons.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no concern with the alleged recovery nor vehicle in question
Patna High Court CR. MISC. No.36609 of 2023(2) dt.03-07-2023 2/2 belongs to him. It is further submitted that the recovered 5.95 kg ganja like substance does not come within the purview of commercial quantity. The petitioner is languishing in judicial custody since 28.01.2023. Learned APP appearing for the state has opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sherghati (Dhobhi) P.S. Case No. 116 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judgecum Special Judge, NDPS Act, Gaya. (Sunil Kumar Panwar, J) manishkumar/- U T