Veer Bahadur Ram @ Bir Bahadur Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57176 of 2024 Arising Out of PS. Case No.-159 Year-2024 Thana- ARA NAWADA District- Bhojpur ====================================================== Veer Bahadur Ram @ Bir Bahadur Paswan Son of Ram Prasad Ram Resident of Vill- Sri Tola, P.S.- Ara Nawada, District- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravindra Kumar, Advocate For the Opposite Party/s :
Mr.Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-08-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with NDSL 04 of 2024 arising out of Ara Nawada P.S. Case No. 159 of 2024 instituted for the offences under Sections 8, 20(B)(ii)(c), 25, 29 of the N.D.P.S. Act.
3. Prosecution case, in short, is that total 8 Kg. ganja 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 custody since 29.02.2024 and has no criminal antecedent. There is no allegation of tampering of witnesses alleged against the
Patna High Court CR. MISC. No.57176 of 2024(2) dt.21-08-2024 2/2 petitioner. No incriminating material has been recovered from the conscious possession of the petitioner. The recovered contraband is below commercial quantity, and hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. 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, clean antecedent and the recovered contraband being less than commercial quantity 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.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Ara Nawada P.S. Case No. 159 of 2024.
(Rudra Prakash Mishra, J) Alok Verma/- U T