Ranjay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38756 of 2017 Arising Out of PS. Case No.-293 Year-2017 Thana- ARA NAGAR District- Bhojpur ====================================================== Ranjay Paswan Son of Ashok Paswan, R/o Village- Gauraganj Gangi, P.S.- Arrah (Town), District- Bhojpur (Arrah).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandan Kumar Verma For the Opposite Party/s :

Mr. Binod Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 30-10-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Arrah (Town) Police Station Case No. 293 of 2017, disclosing offences under Section 21 (b) of the Narcotic Drugs and Psychotropic Substances Act.

From the residence of co-accused Ashish Paswan, the Police recovered a small pouch, allegedly containing 13.650 gms. of heroine. It is alleged in the First Information Report that when the house of the said Ashish Paswan was raided, two persons were seen fleeing away from the said house, namely, the said Ashish Paswan and the present petitioner. Learned Counsel appearing on behalf of the petitioner has

Patna High Court Cr.Misc. No.38756 of 2017(3) dt.30-10-2017 2/3 submitted that evidently, the recovery is not from the conscious possession of the petitioner; rather, from the residence of coaccused Ashish Paswan. His implication is based on mere conjectures.

On perusal of the case diary, it appears that no material has been collected in course of investigation to suggest that it was the petitioner who had fled away from the residence of Ashish Paswan.

Be that as it may, in the facts and circumstances of the case, this application is allowed.

Let the petitioner, Ranjay Paswan, in the event of his arrest or surrender before the Court below within six weeks, be released 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 Sessions Judge, Bhojpur, at Arrah, in connection with Arrah (Town) Police Station Case No. 293 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail

Patna High Court Cr.Misc. No.38756 of 2017(3) dt.30-10-2017 3/3 bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Prabhakar Anand/- U √ T √