Vinod Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50524 of 2021 Arising Out of PS. Case No.-840 Year-2020 Thana- AHIYAPUR District- Muzaffarpur ====================================================== VINOD PASWAN Son of Ram Balak Paswan Resident of Village - Sheikhpura, Kaalisthan, P.S.- Ahiyapur, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mazharul Hassan, Adv.

For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-04-2022 Heard Mr. Mazharul Hassan, learned counsel for the petitioner and Mr. Anil Kumar, learned Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Ahiyapur PS Case No. 840/2020 registered for the offence punishable under Sections 20/22 of the NDPS Act. 1200 Grams of Ganja has been recovered from the possession of the petitioner.

Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case inasmuch as at the time of search and seizure procedure prescribed under Section 42 and 50 of the NDPS Act has not been followed. He next submits that the Ganja recovered allegedly, from the

Patna High Court CR. MISC. No.50524 of 2021(3) dt.28-04-2022 2/2 possession of the petitioner is not of commercial quantity. He further submits that petitioner has got no criminal antecedent of similar nature of offence under NDPS Act and he is in custody since 04.11.2020.

Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner has got no criminal antecedent of similar nature of offence under the NDPS Act, he is in custody since 04.11.2020, there is no likelihood that the petitioner will abscond or tamper with the evidences and recovery of Ganja is not of commercial quantity, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, VINOD PASWAN be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned 5th Additional Sessions Judge, Muzaffarpur in connection with Ahiyapur PS Case No. 840/2020.

(Anil Kumar Sinha, J) perwez U T