Deo Narayan Goswami v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77947 of 2023 Arising Out of PS. Case No.-470 Year-2023 Thana- RAJAON District- Banka ====================================================== DEO NARAYAN GOSWAMI Son of Late Adhik Lal Goswami Resident of Village - Babarchak, P.S.- Nawada O.P., District - Banka, At present residing at Village - Nawada Bazar, Mushhari Tola, Police Station - Nawada Bazar O.P., District - Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Nurul Hoda For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 20(b)(ii)(A) of the N.D.P.S. Act.

It is a case of recovery of total 250 gram Ganja from the house of the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to dirty village politics. Petitioner has no concern with the alleged recovery and recovered ganja is lesser than small quantity. No any incriminating article has been recovered from the conscious

Patna High Court CR. MISC. No.77947 of 2023(2) dt.05-12-2023 2/2 possession of the petitioner. Provision of Section 100 Cr.P.C. has not been followed by the police personnel while preparing the seizure list. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. The petitioner is an old person aged about 60 years and languishing in judicial custody since 14.09.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Rajoun (Nawada O.P.) P.S. Case No. 470 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cumSpecial Judge (N.D.P.S. Act), Banka. (Sunil Kumar Panwar, J) lata/- U T