Kuldeep Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65678 of 2024 Arising Out of PS. Case No.-206 Year-2024 Thana- SIMRI District- Buxar ====================================================== Kuldeep Paswan Son of Late Barak Paswan @ Late Badak Paswan Village -Malahchakiya, PS -Simari, District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyapal Singh For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 23-09-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Simari P.S. Case No. 206 of 2024, registered for the offences punishable under Sections 20(B), (ii) (A) of NDPS Act.

3. As per allegation, on a secret information, the informant along with other police party reached the place of occurrence. Seeing the police party, the petitioner and co-accused Kuldeep Paswan started fleeing away but they were apprehended. On search, 880 gm of ganja and 700 ml of foreign liquor was recovered from the bag of the petitioner.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has submitted further that the FIR itself shows that nothing was recovered from his possession whereas from possession of petitioner, 880 gms of ganja was recovered. He has also submitted that for the same occurrence, an excise case has

Patna High Court CR. MISC. No.65678 of 2024(2) dt.23-09-2024 2/2 also been lodged against the petitioner. Except that, there is no criminal case against the petitioner. He has next submitted that similarly situated co-accused has been granted bail by this Court in Cr. Misc. No. 62636 of 2024. The petitioner is under custody since 13.06.2024.

5. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned District and Sessions Judge-cum-Special Judge, NDPS Act, Buxar in connection with Pre-Trial NDPS P.S. NO. BRBU10P0008392024/ Simari P.S. Case No. 206 of 2024, subject to the following condition:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. (ii) Before release, the learned court below shall verify the criminal antecedent of the petitioner and if it is found that he is involved in any other case of similar nature except the cases as mentioned in paragraph no. 3 of the bail petition, his bail bond shall not be accepted. (Nawneet Kumar Pandey, J) Nirmal/- U T