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2025 DAILYLAW 52909 (PAT)

Ram Khelawan Paswan @ Ram Khelan Paswan v. The State of Bihar

CR. MISC./44781/2025 · 2025-09-10

Ashok Kumar Pandey

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.44781 of 2025 Arising Out of PS. Case No.-18 Year-2025 Thana- Basmatia District- Araria ====================================================== Ram Khelawan Paswan @ Ram Khelan Paswan, S/O Bachu Paswan, R/O Vill.- Bela, Ward no. 4, P.S.- Basmatiya, Dist.- Araria. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dheeraj Kumar, Advocate For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 3 10-09-2025 Heard Mr. Dheeraj Kumar, learned counsel for the petitioner and Mr. Pramod Kumar Pandey, learned APP for the State. 2. The petitioner has prayed for bail in connection with Basmatiya P.S. Case No. 18 of 2025 registered for the offence punishable under Sections 21(c), 22 and 23 of the N.D.P.S. Act. 3. The case of the prosecution is that two persons riding on two bikes were intercepted and from a box loaded on one of the bikes, recovery of 11520 capsules of Spasmo Proxyvon Plus has been made. It is alleged that the petitioner was on one of the bikes. 4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has Patna High Court CR. MISC. No.44781 of 2025(3) dt.10-09-2025 2/3 committed no offence. He has been falsely implicated in this case. From perusal of the seizure list and F.I.R. as well, it is not clear as to from which bike the recovery was made. It has further been submitted that one of the ingredients Tramadol is the contraband. It has also been submitted that nothing has been recovered from the possession of this petitioner. It has also been submitted that one co-accused, namely, Om Prakash Karn having similar nature of allegation has been granted bail by learned Co-ordinate Bench vide order dated 18.06.2025 in Cr. Misc. No. 37249 of 2025. The case of this petitioner stands on similar footing. Petitioner is having no criminal antecedent and he is in judicial custody since 16.03.2025. 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 Court of Sessions Judge-cum-the Special Judge, N.D.P.S. Act, Araria in connection with Basmatiya P.S. Case No. 18 of 2025. Patna High Court CR. MISC. No.44781 of 2025(3) dt.10-09-2025 3/3 7. The learned counsel for the petitioner has also admitted that the petitioner will abide by the conditions as imposed in Cr. Misc. No. 37249 of 2025 and the same is being given hereunder:- (i) One of the bailors will be a close relative of the petitioner. (ii) The petitioner will remain present on each and every date fixed by the court below. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioner will be liable to be cancelled by the Court concerned. lata/- (Ashok Kumar Pandey, J) U T