Chandeshwar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 43282 of 2016 Arising Out of PS.Case No. -90 Year- 2016 Thana -SIWAN MUFFASIL District- SIWAN ====================================================== Chandeshwar Paswan Son of Late Singhasan Paswan R/o Village- Kararua, P.S.-Siwan (Muffasil), District-Siwan .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar Pandey For the Opposite Party/s : Mr. Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

13-12-2016 Heard Sri Ranjeet Kumar Pandey, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, who is in custody since 14-03-2016 in Siwan Muffasil P.S. Case No. 90 of 2016 registered for offence under Sections 20 & 22 of the Narcotic Drugs & Psychotropic Substances Act, 1985, has prayed for grant of bail. It was submitted by learned counsel for the petitioner that petitioner has falsely been implicated in the present case. He submits that ofcourse in the F.I.R., it has been stated that 5.5 Kg. of Ganja was recovered from the possession of the petitioner, in the F.I.R., there was no mentioning as to what was the method for weighing the alleged Ganja. He further submits that petitioner is having clean antecedent and this fact has been stated in paragraph

Patna High Court Cr.Misc. No.43282 of 2016 (2) dt.13-12-2016 2/2 - 3 of the petition and the alleged recovered Ganja is much lesser than the commercial quantity.

Keeping in view the clean antecedent of the petitioner as well as the weight of recovery of Ganja, which is much below the commercial quantity, let the petitioner namely Chandeshwar Paswan be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. 1st, Siwan in connection with Siwan Muffasil P.S. Case No. 90 of 2016, with condition that one of the bailor must be blood relation of the petitioner and secondly, during trial on each and every date the petitioner shall remain physically present before the trial court. If during trial continuously on two dates, the petitioner remains absent without prior permission of the trial court, his bail-bond shall stand automatically cancelled.

(Rakesh Kumar, J.) Anay U T