Pandab Paswan @ Pandat Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48925 of 2023 Arising Out of PS. Case No.-113 Year-2023 Thana- CHACKMEHSI District- Samastipur ====================================================== Pandab Paswan @ Pandat Paswan Son Of Maksudan Paswan Resident Of Sakhaura Ward No.12, P.S. - Piyar (HATTHA Op), District - Muzaffarpur, Bihar-847107 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Piyush Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Chakmehsi P.S. Case No. 113 of 2023 dated 04.06.2023 registered for the offences punishable u/ss 8 and 20(b)(ii)(b) of the N.D.P.S. Act and u/ss 25(1-b)a, 26 and 35 of the Arms Act.

4. As per the prosecution case, Rs. 250/- and a mobile phone was recovered from the possession of the petitioner whereas 1086 gms ganja along with country made loaded pistol as well as

Patna High Court CR. MISC. No.48925 of 2023(2) dt.04-08-2023 2/2 three live cartridges, mobile, motorcycle and cash Rs. 500/- were recovered from the possession of the co-accused Mukesh Thakur.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner except a mobile phone and some cash. It is further submitted that the petitioner has no concern with the alleged recovery. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 05.06.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. 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, Samastipur in connection with Chakmehsi P.S. Case No. 113 of 2023.

8. The application stands allowed.

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