Sulochan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55974 of 2022 Arising Out of PS. Case No.-702 Year-2022 Thana- KHAGARIA District- Khagaria ====================================================== Sulochan Paswan S/O- Kampani Paswan R/O Village- Madarpur,P.S.- Maheshkhut, District- Khagaria ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Deepika Sharma For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 20, 22 of N.D.P.S. Act, 1985.

It is a case of recovery of 20 sachets of smack like narcotics substance from the emergency ward No. 15 of Sadar Hospital, Khagaria. On query, it came to know that petitioner sells the said contraband substance to others.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.55974 of 2022(3) dt.20-02-2023 2/3 petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Nothing incriminating has been recovered from the conscious possession of the petitioner. It is further submitted that the provisions of N.D.P.S. has not been followed at the time of seizure as there is no independent witness of the alleged seizure. Moreover, the petitioner is languishing in judicial custody since 16.07.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Chitragupta Nagar P.S. Case No. 702 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten

Patna High Court CR. MISC. No.55974 of 2022(3) dt.20-02-2023 3/3 thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, (NDPS), Khagaria.

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