Chetan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 53673 of 2024 Arising Out of PS. Case No.-159 Year-2024 Thana- ARA NAGAR District- Bhojpur ====================================================== Chetan Paswan Son Of Late Raviranjan Paswan Resident Of Village - Gausganj Gangi Pul, P.S. - Ara Nagar, District - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shweta For the Opposite Party/s :

Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-09-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 8(c), 21(b), 29 of the N.D.P.S Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case under the N.D.P.S Act and the informant alleges that he received an information that the petitioner was going to sell Heroine near Trimuhani crossing, accordingly, the informant reached the place of occurrence and started vehicle checking, when one person on seeing the police started fleeing, who was arrested and he disclosed his name as Shashiranjan and from his possession, 40 grams of heroine was seized. Further the apprehended accused person disclosed that the Narcotics was given to him by his nephew (petitioner) for supply. The learned counsel for the

Patna High Court CR. MISC. No. 53673 of 2024(2) dt.23-09-2024 2/2 petitioner submits that the petitioner was not apprehended from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated, based on confessional statement of his uncle in custody, which does not have any evidentiary value.

4. The learned APP for the State Mr. Chandra Bhushan Prasad, opposes the anticipatory bail application and submits that petitioner earlier was also implicated in a case relating to NDPS and his name transpired, based on confessional statement of his own uncle. It is also submitted that investigation is in its initial stages and in the event, if the privilege of anticipatory bail is granted to the petitioner, the petitioner may abscond.

5. Considering the submissions made by the learned APP, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner.

6. The application stands rejected.

(Satyavrat Verma, J) Sudhanshu/- U T