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Patna High CourtCR. MISC./7363/2024bail granted

Dipanshu Kumar Sharma v. The State Of Bihar

2024-02-17Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7363 of 2024 Arising Out of PS. Case No.-87 Year-2023 Thana- CHOUTARWA District- West Champaran ====================================================== DIPANSHU KUMAR SHARMA S/o Sheshnath Sharma Resident of VillageBabui Tola, Wardno. 19, P.S.-Bagaha, District-West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Kumar, Adv For the Opposite Party/s :

Mr.Arvind Kumar Pandey(App84) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Chautarva P.S. Case No. 87 of 2023 registered on 19.03.2023 lodged under Sections 8, 20(b)(ii), 29 of N.D.P.S. Act.

3. As per the prosecution case, F.I.R. has been lodged against present petitioner from whose possession 8.335 Kg of Ganja has been made and he was apprehended by the police.

4. Counsel further submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 20.03.2023 having no criminal case pending against him. Counsel further submits that the recovery is much below than the commercial but higher than the small quantity.

5. Learned counsel for the State opposes the prayer

Patna High Court CR. MISC. No.7363 of 2024(2) dt.17-02-2024 2/2 for bail.

6. Upon specific query made by this Court that whether charge has been framed or not, counsel for the petitioner submits that he is not aware of this fact that charge has been framed or not.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail six months after framing of charge if the charge is not framed yet and on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned District and Sessions Judge, 3rd West Champaran in connection with Chautarva P.S. Case No. 87 of 2023, subject to the conditions laid down under Section 437 (3) of the Cr.P.C. (Dr. Anshuman, J) Sunnykr/- U