Patna High CourtCR. MISC./47740/2024bail granted

Ashok Paswan v. The State Of Bihar

2024-07-30Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47740 of 2024 Arising Out of PS. Case No.-14 Year-2024 Thana- BHANGHA District- West Champaran ====================================================== Ashok Paswan Son Of Goilal Paswan R/O- Siswa Tajpur Kotwa, P.S.- Bhangaha, Distt.- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sarvesh Kashyap For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Bhangaha P.S. Case No. 14/2024 dated 26.02.2024 registered for the offence punishable u/s 413 and 414 of the Indian Penal Code and Sections 8/20(b), II(B) and 23(B) of the N.D.P.S. Act.

3. As per the prosecution case, total 11 kgs. ganja was recovered from the bag of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is neither the owner nor the driver of the said vehicle. The seized contraband is less than commercial quantity. The petitioner has one criminal antecedent which is related to similar nature of offence as stated in para 3 of the bail

Patna High Court CR. MISC. No.47740 of 2024(2) dt.30-07-2024 2/2 petition. The petitioner is in custody since 27.02.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the petitioner was coming from Nepal on the stolen motorcycle while he was apprehended with the said contraband.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bettiah, West Champaran in connection with Bhangaha P.S. Case No. 14/2024, with the condition ;- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled (ii). If the petitioner is found involved in similar nature of offence in the future, the prosecution will be at liberty to move for cancellation of his bail bonds.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T