Chandan Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.775 of 2022 Arising Out of PS. Case No.-156 Year-2021 Thana- SURSAND District- Sitamarhi ====================================================== CHANDAN KUMAR PASWAN, Son of Ganaur Paswan, Resident of Wajitpur tola Gokhulapur, P.S.- Bidupur, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-03-2022 Heard the parties.

The petitioner seeks bail in connection with Sursand (Bhitha O.P.) P.S. Case No. 156 of 2021, registered for the offence under Section 8/20(b)(ii)(C)/22(B) of N.D.P.S. Act. As per prosecution case, 13 kg of Ganja was recovered from the possession of the petitioner. It is submitted on behalf of the petitioner that no narcotic substance has been recovered from the conscious possession of the petitioner. The alleged recovery of Ganja is less than commercial quantity. It is also submitted that mandatory provision with regard to search and seizure has not been followed. Petitioner claims clean antecedent and he is in custody since 06.04.2021.

Learned APP for the State has opposed the bail

Patna High Court CR. MISC. No.775 of 2022(2) dt.21-03-2022 2/2 petition and submits that more than small quantity of Ganja has been recovered from possession of the petitioner. Considering the quantity of recovering of Ganja, the bail petition of the petitioner is rejected.

However, once charge is framed and trial commences, the petitioner Shall be released on bail by the learned trial Court on the condition that he will cooperate in disposal of trial and appear before the trial Court, as and when required. (Prabhat Kumar Singh, J) sanjeev/- U T