Rajpal Paswan v. The Union Of India Through The Secretary, Ministry Of Home, Narcotic Drugs Control Bureau

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53203 of 2023 Arising Out of PS. Case No.-156 Year-2023 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Rajpal Paswan Son Of Kali Paswan R/O Village- Naya Tola, Judabganj, Ps. Kodha, Dist. Katihar ... ... Petitioner/s

Versus

1.

The Union Of India Through The Secretary, Ministry Of Home, Narcotic Drugs Control Bureau New Delhi 2.

The State Of Bihar Through The Deptt. Of Narcotic Drugs Control Bureau, Patna Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Surendra Kishore Thakur For the Opposite Party/s :

Mr.Dr. K.N. Singh (Asg) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-08-2023 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 Gopalganj Town P.S. Case No. 156 of 2023 dated 01.03.2023 registered for the offences punishable u/s 413 and 414 of the Indian Penal Code and Sections 8 and 20(b)(ii)(c) of the NDPS Act.

4. As per the prosecution case, total 536 gm. charas

Patna High Court CR. MISC. No.53203 of 2023(2) dt.24-08-2023 2/3 like substance and a cash of Rs. 30,400/- were recovered from the bag of the petitioner.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The seized contraband is less than commercial quantity. The petitioner is accused in six other criminal cases which are not related to similar nature of offence as stated in para 3 of the bail petition. The petitioner is in custody since 02.03.2023.

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, Gopalganj in connection with Gopalganj Town P.S. Case No. 156 of 2023, 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.

Patna High Court CR. MISC. No.53203 of 2023(2) dt.24-08-2023 3/3

8. The application stands allowed.

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