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Patna High CourtCR. MISC./46577/2022allowed

Jogendra Paswan @ Yogendra Paswan @ Jogender Paswan @ Joginder Paswan v. The State Of Bihar

2023-01-10Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46577 of 2022 Arising Out of PS. Case No.-31 Year-2022 Thana- BHANGHA District- West Champaran ====================================================== Jogendra Paswan @ Yogendra Paswan @ Jogender Paswan @ Joginder Paswan S/O Late Sahdev Paswan R/O Village - Sabeya, P.S.- Bhangaha, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 20, 22, 23, 24, 27 of N.D.P.S. Act.

It is a case of recovery of 3 kgs of Ganza from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is also

Patna High Court CR. MISC. No.46577 of 2022(3) dt.10-01-2023 2/3 submitted that petitioner is languishing in judicial custody since 10.05.2022. It is further submitted that petitioner is a resident of village Sabeya, who was coming to his village after shopping but the informant, being a police official, stopped the petitioner with pretext to inquire and asked the petitioner to sign over blank papers, when he started hesitating, then informant forcefully obtained his signature and implicated him in the false and concocted case. The petitioner has no concern with the contraband recovered substance "Ganja" and police has submitted that charge sheet without any F.S.L. report. It is further submitted that alleged recovery of 3 kgs of "Ganja" is much lesser than the commercial quantity. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties

Patna High Court CR. MISC. No.46577 of 2022(3) dt.10-01-2023 3/3 and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Bhangaha P.S. Case No. 31 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Bettiah, West Champaran.

(Sunil Kumar Panwar, J) nirajkrs/- U T