Arjun Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37076 of 2020 Arising Out of PS. Case No.-342 Year-2020 Thana- HAJIPUR District- Vaishali ====================================================== ARJUN PASWAN Son of Kapil Paswan Resident of Mohalla - Chauhatta Chipi Tola, P.S. -Hajipur Town, District - Vaishali at Hajipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Bela Singh For the Opposite Party/s :

Mr. Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-02-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 8, 20, 22 of the Narcotic Drugs and Psychotropic Substance Act.

Prosecution case, in short, is that 20 grams smack is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.05.2020. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has

Patna High Court CR. MISC. No.37076 of 2020(2) dt.02-02-2021 2/2 falsely been implicated in the present case. It is alleged that 20 grams smack is said to have been recovered. Same is below the commercial quantity. Hence Section 37 of the N.D.P.S. Act is not applicable in the present case. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sessions Judge, Vaishali in connection with Hajipur Town P.S. case No.342 of 2020.

(Sudhir Singh, J) Narendra/- U T