Indra Paswan @ Indar Paswan @ Enal Hajara @ Inal Hajara v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63954 of 2023 Arising Out of PS. Case No.-15 Year-2023 Thana- KANGLI District- West Champaran ====================================================== Indra Paswan @ Indar Paswan @ Enal Hajara @ Inal Hajara Son Of Chatauli Paswan Village- D.K. Shikarpur, Ps- Shikarpur, Dist- West Champaran. Presently Residing At Village- Ekadari, Ps- Skita, Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 8, 20(b)(ii) (B) of the N.D.P.S. Act.

3. As per prosecution case, the petitioner is alleged to have been apprehended by SSB personnel with a plastic bag in which 1 kg charas like substance was recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no concern with the alleged recovery of charas like narcotic substance. The seized charas is 1kg with weight of plastic cover

Patna High Court CR. MISC. No.63954 of 2023(3) dt.09-02-2024 2/2 and amusing the net weight of the plastic cover to be a fraction of 1 gram, the net weight of contraband charas will come down below 1 kg and lesser than commercial quantity, thus the section 38(1)(b) of the NDPS Act is not applicable in the present case. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition and he is languishing in judicial custody since 6.3.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail after framing of charge, if not framed in connection with Kangali P.S. Case No. 15 of 2023 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, Bettiah at West Champaran.

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