IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36793 of 2009 BISHWANATH PASWAN @ BHUT PASWAN Versus THE STATE OF BIHAR ----------- 4 27.11.2009 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Petitioner has been made accused in connection with Trial No. 32 of 2008 arising out with Majhaulia P.S. Case No.97 of 2008 for the offences punishable under Section 414 of the Indian Penal Code and Sections 20/22 of the N.D.P.S. Act. As per the statement of allegation as set out in the F.I.R. it is stated that upon raid being made in the house of one Bhikhari Paswan on the basis of information gathered that he was dealing with arms and narcotics, a quantity of about 100 kilograms of Ganga, was recovered together with certain arms. Three ladies, who were trying to escape from the place of occurrence, were also arrested but the said accused Bhikhari Paswan escaped from the place. It is alleged that the present petitioner also escaped along with Bhikhari Paswan. Learned counsel for the petitioner submits that in the entire statement of allegation as set out in the F.I.R. save and except that the petitioner is said to have 2 escaped with the said Bhikhari Paswan who is the father of the petitioner nothing has been alleged against him and that he has been roped in the present case merely because he is the son of the accused Bhikhari Paswan. It is submitted that despite in absence of any direct or indirect allegations the petitioner is in custody since 22.1.2008. Having regard to the facts and circumstances of the case, let the petitioner, Bishwanath Paswan @ Bhut Paswan, be enlarged on bail on furnishing bail bond of Rs.10,000/ (ten thousand) with two sureties of the like amount each to the satisfaction of Ist Additional Sessions Judge, Bettiah, District West Champaran in connection with Trial No. 32 of 2008 arising out with Majhaulia P.S. Case No.97 of 2008 subject to the condition that the petitioner would be attending the court below on each and every date fixed and failure on his part to attend the court on two consecutive dates fixed without reasonable explanation to the satisfaction of the Court below would grant liberty to the court below to initiate proceeding for cancellation of his bail bond and for taking him into custody. Bibhash (Jyoti Saran, J. )