Chandan Paswan v. The State of Bihar

CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER

12-03-2012 Heard the parties. The petitioners are in custody in connection with Minapur P.S. Case No. 270 of 2010 for offence punishable under Sections 20 and 22 of the Narcotic Drugs and Psychotropic Substance Act,

1985. Allegation against the petitioners is of recovery of 28 kgs. of ganja from their joint possession. It is alleged that 7 kgs. of ganja each packed in four bags altogether 28 kgs. was recovered from their joint possession. The F.S.L. report confirms the substance to be ganja. Learned counsel for the petitioners submits that 28 kgs. of ganja was recovered from joint possession of two petitioners. He further submits that the petitioners having no criminal antecedent have remained in custody since 11.10.2010. Regard being had to the circumstances and the submission Patna High Court Cr.Misc. No.8938 of 2011 (9) dt.12-03-2012 2 of learned counsel, let the petitioners Chandan Paswan and Dyanand Kumar be released on bail upon each one of them furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District Judge Vth, Muzaffarpur in connection with Minapur P.S. Case No. 270 of 2010, Trial No. 23 of 2010 subject to the condition that the petitioners shall ensure their representation before the court below on each and every date fixed in the case and the failure on the part of the petitioners to ensure their representation on two consecutive dates fixed without reasonable explanation to the satisfaction of the court below, would entitle the court concerned to cancel the bail bonds of the defaulting petitioner(s) and to take him into custody. S.Sb/- (Jyoti Saran, J)