Kamlesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19927 of 2018 Arising Out of PS. Case No.-315 Year-2017 Thana- ARA NAWADA District- Bhojpur ====================================================== Kamlesh Paswan Son of Mudrika Ram Resident of Kadwa Tola, Nawada Ben, P.S. Udwant Naghar, District- Bhojpur, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudha Chandra For the Opposite Party/s :

Mr. Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 21-06-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner, already in custody, seeks bail in connection with Ara Nawada PS Case No.315 of 2017, giving rise to NDPS Special Case No.28 of 2017 registered under Sections 8(c), 20(b) (ii) C of the NDPS Act.

Allegation in brief is that four persons were apprehended by the police at the railway station found carrying Ganja in gunny bags. The petitioner is said to have been carrying 26 Kgs. of Ganja along with Satendra Kumar. Learned counsel for the petitioner submits that the seizure list does not indicate that Ganja was recovered from exclusive possession of the petitioner rather it states that 26 Kgs. of Ganja was recovered from possession of this petitioner along with one Satendra Kumar and Satendra Kumar has been

Patna High Court Cr.Misc. No.19927 of 2018(4) dt.21-06-2018 2/2 admitted to bail by a coordinate Bench of this Court vide order dated 04.12.2017 passed in Cr. Misc. No.50404 of 2017 and seeks bail on the ground of parity. He further submits that another co-accused Chandan Kumar Singh @ Chandan Singh too has been admitted to bail by a coordinate Bench of this Court vide order dated 10.01.2018 passed in Cr. Misc. No.62922 of 2017.

Having regard to the aforesaid facts, especially the seizure list showing recovery not from exclusive possession of the petitioner, petitioner Kamlesh Paswan is directed to 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 District & Sessions Judge, Bhojpur, Ara in connection with Ara Nawada PS Case No.315 of 2017, giving rise to NDPS Special Case No.28 of 2017 subject to verification of criminal antecedent of the petitioner, if any criminal antecedent is found against the petitioner, he shall not be released.

(Arun Kumar, J) S.KUMAR/- U T