Mithun Paswan @ Mithun Kumar @ Mithun Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84038 of 2025 Arising Out of PS. Case No.-320 Year-2020 Thana- SABAUR District- Bhagalpur ====================================================== Mithun Paswan @ Mithun Kumar @ Mithun kumar Paswan, Son of Laxman Paswan @ Lakshman Paswan, R/o Village - Smouli Salempur, P.S. - Falka(Pothiya O.P.), Dist. - Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhola Prasad, Advocate For the Opposite Party/s :

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 15-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Sabour P.S. Case No. 320 of 2020 registered for the offence punishable under Sections 20 and 22 of the N.D.P.S. Act.

3. The case of the prosecution is that before the P.H.C., Sabour from a Scorpio Vehicle, altogether 14.5 Kg of ganja was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He is neither the owner nor the driver of the alleged

Patna High Court CR. MISC. No.84038 of 2025(2) dt.15-12-2025 2/2 vehicle rather the spy has stated petitioner is the driver of the vehicle. Nothing has been recovered from his possession. It has also been submitted that while making the seizure, police has not followed Section 105 of the B.N.S.S. Petitioner is having no criminal antecedent and he is languishing in judicial custody since 24.07.2025.

5. Learned APP appearing for the State has vehemently opposed the application for bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Principal Sessions Judge, Bhagalpur in connection with Sabour P.S. Case No. 320 of 2020.

(Ashok Kumar Pandey, J) lata/- U T