Hira Paswan @ Heera Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30633 of 2017 Arising Out of PS.Case No. -188 Year- 2017 Thana -GARDANIBAGH District- PATNA ======================================================
1. Hira Paswan @ Heera Paswan, S/o Doman Paswan, R/o Village- Jainpur, P.S.- Sigori, District- Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Sharma For the Opposite Party/s : Mr. Braj Kishore Prasad ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 11-08-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in custody since 22.05.2017 in connection with Special Case No. 70/17, arising out of Gardanibagh P.S. Case No. 188/2017 for offences punishable under Sections 20, 22 of the N.D.P.S. Act.
The prosecution case, as lodged by the police personnel, is that during patrolling they got information that one Sushila Devi is selling ganja near the Hanuman temple. The police party conducted a raid and apprehended the petitioner and Sushila Dev. From the possession of the petitioner 40 gms ganja was recovered while 860 gms was recovered from the house of co-
Patna High Court Cr.Misc. No.30633 of 2017 (3) dt.11-08-2017 2/2 accused Sushila Devi. Accordingly, a seizure-list was prepared. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal antecedent and has been falsely implicated in the aforesaid case. He submits that ganja recovered from his possession is less than the minimum quantity, hence, a sympathetic consideration be given. However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged 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 and Sessions Judge, Patna, in connection Special Case No. 70/17, arising out of Gardanibagh P.S. Case No. 188/2017. (Nilu Agrawal, J) Rajesh/- U T