Manu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83805 of 2023 Arising Out of PS. Case No.-697 Year-2023 Thana- ARA NAGAR District- Bhojpur ====================================================== Manu Paswan S/O Late Ramnarayan Paswan R/O Village- Gausganj, P.S- Ara Town, Distt.- 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.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 21(b) of the N.D.P.S Act.

There is recovery of 47 grams of Heroine from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the seized Heroine. The provision under Section 100 of the Cr.P.C was not

Patna High Court CR. MISC. No.83805 of 2023(2) dt.09-01-2024 2/2 complied at the time of search and seizure. The petitioner is languishing in custody since 30.08.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail after framing of charge, if the charge has still not been framed and on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned District & Sessions Judge, Bhojpur, Ara in connection with N.D.P.S Special Case No. 27 of 2022, arising out of Ara Nagar P.S. Case No. 697 of 2023. (Sunil Kumar Panwar, J) Shageer/- U T