Ajay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56028 of 2022 Arising Out of PS. Case No.-450 Year-2022 Thana- NAGAR District- Vaishali ====================================================== AJAY PASWAN Son of Meghan Paswan Resident of Village- Hela Bazar, Maharani Chowk, P.S.- Hajipur Town, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Singh For the Opposite Party/s :

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 8(C) , 21(b) & 22 of the N.D.P.C. Act.

Prosecution case relates to recovery of 22 sachet smack weighing about 7.61 grams allegedly from the possession of the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted vide para-7 of the petition that alleged recovery of smack is less than commercial quantity. The petitioner has no concern with the

Patna High Court CR. MISC. No.56028 of 2022(2) dt.17-01-2023 2/2 alleged recovery of smack and nothing incriminating has been recovered from his conscious possession. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 15.6.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering 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 released on bail in connection with Hajipur Town P.S. Case No. 450 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Vaishali at Hajipur.

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