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Patna High CourtCR. MISC./86348/2025allowed

Bajrang Paswan v. The State Of Bihar

2025-12-17Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86348 of 2025 Arising Out of PS. Case No.-469 Year-2025 Thana- FATUA District- Patna ====================================================== Bajrang Paswan Son of Manoj Paswan Resident of Village - Parnama, Post. - Gopalbad, P.S. - Sarmera, Dist. - Nalanda, Pin code - 811104(Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prakash Chandra, Advocate Mr. Nitesh Kumar, Advocate Mr. Amrendra Kumar, Advocate Ms. Ranjana Singh, Advocate For the Opposite Party/s :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 17-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Fatuha P.S. Case No. 469 of 2025 registered for the offence punishable under Sections 8/20 (b) (ii) (B) of the N.D.P.S. Act.

3. The case of the prosecution in short is that from the possession of this petitioner, altogether 7.5 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. Learned counsel for the petitioner submits that while making the seizure, police has not complied Section 105 of the BNSS. It has also been

Patna High Court CR. MISC. No.86348 of 2025(2) dt.17-12-2025 2/2 submitted that the seizure list witnesses are not the independent witness. He also submits that the quantum of the contraband which has been recovered from the possession of this petitioner is though more than small quantity but is much less than commercial quantity. Moreover, a statement has been made in para 3 of the petition that petitioner has no criminal antecedent and he is languishing in judicial custody since 26.06.2025.

5. The application for bail is opposed by learned APP for the State.

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 District & Additional Session Judge-cum-Exclusive Special Judge (NDPS)- II, Patna in connection with Fatuha P.S. Case No. 469 of 2025. (Ashok Kumar Pandey, J) Sudhanshu/- U T