Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9194 of 2021 Arising Out of PS. Case No.-387 Year-2020 Thana- GHORASAHAN District- East Champaran ====================================================== PAWAN KUMAR SON OF WAKIL RAI R/O VILLAGE AGARWA, P.S.- GHORASAHAN (JITNA) DISTRICT- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Kant Singh For the Opposite Party/s :

Mrs.Veena Rani Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-09-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding. The petitioner seeks bail in connection with Ghorasahan (Jitna) P.S. Case No.387 of 2020, registered for the offence punishable under Sections 20, 22, 24 of the Narcotic Drugs and Psychotropic Substances Act.

The prosecution case in short is that the petitioner and one Raushan Kumar have been apprehended by the police and during search 7.5 kg of Ganja, Hero Honda Splendor motorcycle and a mobile phone were recovered. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. He has been falsely implicated in this

Patna High Court CR. MISC. No.9194 of 2021(3) dt.07-09-2021 2/2 case. No incriminating article has been recovered from the conscious physical possession of the petitioner. From bare perusal of the FIR suggests that there is no specific averment that from whom the alleged Ganja of 7.5 Kg was recovered rather it is vaguely stated that the petitioner and co-accused were intercepted and the Ganja was recovered. The petitioner has confessed that he had given lift to co-accused and he was in possession of a plastic packet of incriminating contraband article. The alleged recovered 7.5 kg Ganja is much less than the commercial quantity. The petitioner has no criminal antecedent and has been languishing in custody since 30.09.2020. Learned APP for the State opposed the prayer for bail.

Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge/Special Judge, East Champaran, Motihari, in connection with Ghorasahan (Jitna) P.S. Case No.387 of 2020.

(Anjani Kumar Sharan, J) pallavi/- U T