Ramvinay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54475 of 2025 Arising Out of PS. Case No.-137 Year-2025 Thana- ADAPUR District- East Champaran ====================================================== Ramvinay Paswan Son of Jhakar Paswan @ Jhakar Paswan @Jhakar pasvan R/O Village- Chikani, Barwa,P.S.-Harpur, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Adapur P.S. Case No. 137 of 2025 instituted for the offences under Sections 8, 20(b),(ii)(c)m 23(c) of the N.D.P.S. Act.

3. Prosecution case, in short, is that total 1.860 kg charas has been recovered in this case.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Petitioner is in

Patna High Court CR. MISC. No.54475 of 2025(2) dt.18-08-2025 2/3 custody since 14.04.2025 and has no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. No incriminating material has been recovered from the conscious possession of the petitioner. Petitioner has no concern with the alleged recovery. Learned counsel further submitted that although the recovered contraband is more than commercial quantity but the same has not been recovered from this petitioner, rather the same has been recovered from the waiste of co-accused Binod Paswan. Learned counsel further submitted that this petitioner is in no way connected with the aforesaid recovery. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, there being no recovery from the petitioner rather the recovery of contraband being associated to co-accused as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.54475 of 2025(2) dt.18-08-2025 3/3 below/concerned Court in connection with Adapur P.S. Case No. 137 of 2025.

(Rudra Prakash Mishra, J) Alok Verma/- U T