Patna High CourtCR. MISC./77980/2019bail granted

Pitambar Paswan @ Pitamber Paswan v. The State Of Bihar

2020-03-19Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77980 of 2019 Arising Out of PS. Case No.-311 Year-2018 Thana- ARA NAGAR District- Bhojpur ====================================================== PITAMBAR PASWAN @ PITAMBER PASWAN S/O- Late Ravi Ranjan Paswan R/O Village- Gausganj, P.S.- Ara Town, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-03-2020 Heard both sides.

Petitioner seeks bail in Ara Town P.S. Case No.311 of 2018 registered under Section 21(B) of the N.D.P.S. Act. One motorcycle was parked in front of the house of the petitioner and from the motorcycle, 16 grams Heroin was recovered.

It is submitted that 16 grams Heroin was recovered from the motorcycle and not from the conscious possession of the petitioner and for that the petitioner is in jail since 19.08.2019. It is further submitted that the recovered Heroin is more than small quantity but less than commercial quantity. Petitioner was also accused in another case of similar nature. Having considered the facts that only 16 grams of Heroin, which is more than small quantity but less than

Patna High Court CR. MISC. No.77980 of 2019(3) dt.19-03-2020 2/2 commercial quantity, was recovered from motorcycle of the petitioner and for that the petitioner has remained in custody for about seven months, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of like amount each to the satisfaction of learned District & Sessions Judge-cumSpecial Judge, Bhojpur at Ara in connection with Special (N.D.P.S.) Case No.08 of 2018 arising out of Ara Town P.S. Case No.311 of 2018.

(Prabhat Kumar Jha, J) Harish/- U T