Amarjeet Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84515 of 2023 Arising Out of PS. Case No.-62 Year-2023 Thana- ARA NAGAR District- Bhojpur ====================================================== Amarjeet Paswan S/O Krishna Paswan R/O Village- Gausganj, P.S- Ara Nagar, Distt.- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiv Prasad Gupta For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 20 and 21(c) of the NDPS Act.

3. Prosecution case relates to recovery of total 293 grams of heroin like intoxicating substance from the house of one Raju Paswan.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He was not apprehended on spot. Nothing has been recovered from the conscious possession of the petitioner and also he has no concern with the seized heroin like substance. It is further submitted that police has not

Patna High Court CR. MISC. No.84515 of 2023(2) dt.08-01-2024 2/2 followed the provision of Section 100(6) of the Cr.P.C. while making the seizure list. Moreover, the petitioner is languishing in judicial custody since 25.08.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as 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 Ara Nagar P.S. Case No. 62 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 District and Sessions Judge Bhojpur at Ara. (Sunil Kumar Panwar, J) Shubham/- U T