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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82924 of 2019 Arising Out of PS. Case No.-232 Year-2019 Thana- BARSOI District- Katihar ====================================================== DEEPAK KUMAR PASWAN @ DEEPAK PASWAN, Son of Chhotelal Paswan, Resident of Village - Raghunathpur, P.S. - Barsoi, District - Katihar. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Md. Ziaul Quamar, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 23-09-2020 The matter has been taken up through virtual Court proceeding.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 17 and 27 of the NDPS Act, 1985.

According to FIR, half gram of futus a narcotic substance was allegedly recovered from Sushant Das. Sushant Das confessed to the police that this petitioner had provided the same to Sushant Das for carrying it to one Bokwa. He further stated that the petitioner is involved in sale of narcotic substance.

The case diary reveals that the police never raided the house of the petitioner nor any place nor any other material

Patna High Court CR. MISC. No.82924 of 2019(6) dt.23-09-2020 2/3 came on the record disclosing involvement of the petitioner in the crime alleged. Petitioner has got no criminal antecedent. Hence, this Court is satisfied for the purpose of considering this prayer for anticipatory bail that the petitioner has not committed any crime as alleged.

Hence, let the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Barsoi Police Station Case No. 232 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below. (c) The petitioner shall not leave the country without permission of the learned trial court.

Patna High Court CR. MISC. No.82924 of 2019(6) dt.23-09-2020 3/3 The learned trial court shall not be prejudiced by any observation herein at the time of trial.

(Birendra Kumar, J) Kundan/- U T