Raja Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85233 of 2024 Arising Out of PS. Case No.-515 Year-2024 Thana- BUXAR District- Buxar ====================================================== Raja Paswan Son of Pappu Paswan Present Address- Shanti Nagar, P.S.- Buxar(T), District- Buxar Bihar permanent Address- Masashi, P.S.- Devhaliya Masahi, Distt.- Kaimur (Bhabua) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aditya Nath Pandey, Advocate For the Opposite Party/s :

Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Buxar (Town) P.S. Case No. 515 of 2024, instituted for the offences punishable under Sections 21(b) and 29 of the NDPS Act.

3. Prosecution allegation, in short, is that the 15.94 gm of heroine has been recovered in this case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner has got no concern with the alleged recovery of heroine. The recovered contraband

Patna High Court CR. MISC. No.85233 of 2024(3) dt.24-01-2025 2/2 is below the commercial quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. The petitioner is in custody since 25.09.2024 and has got one criminal antecedent. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 05.12.2024 passed in Cr. Misc. No. 81905 of 2024.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the recovered contraband being below the commercial quantity and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Buxar (Town) P.S. Case No. 515 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T