Patna High CourtCR. MISC./53723/2023allowed

Abhay Kumar Paswan v. The State Of Bihar

2023-10-31Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53723 of 2023 Arising Out of PS. Case No.-48 Year-2023 Thana- BHANGHA District- West Champaran ====================================================== ABHAY KUMAR PASWAN Son of Harishchandra Hazra Resident of Village-Dharampur, P.S.-Sathi, District-West Champaran (Bettiah) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Thakur Brajesh Singh For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 20 (b), 11(b), 22(b), 23 (b) of the N.D.P.S. Act.

3. As per prosecution case, on secret information received, police party started checking the vehicle and on search there has been recovery of 450 Gram Charas from a motorcycle.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner was apprehended on spot. He submitted that the petitioner has no concern with the seized Charas. He submitted that seized Charas like substance does

Patna High Court CR. MISC. No.53723 of 2023(3) dt.31-10-2023 2/2 not come within the purview of commercial quantity as per N.D.P.S. Act. He further submitted that petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 18.06.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail after framing of charge, if not framed. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, West Champaran at Bettiah in connection with Bhangha P.S. Case No. 48 of 2023.

(Sunil Kumar Panwar, J) Arish/- U T