Dipak Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9144 of 2022 Arising Out of PS. Case No.-773 Year-2021 Thana- SARAIYA District- Muzaffarpur ====================================================== DIPAK KUMAR GUPTA S/o Sri Baldev Sah R/o village- Manikpur, P.S.- Sariaya, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prem Kumar Paswan For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-04-2022 Heard learned counsel for the parties.

The petitioner seeks bail in a case registered for the offence under Sections 272/273/34 of the Indian Penal Code, Section 30(a) of Bihar Prohibition and Excise Act and Sections 20/22 of the N.D.P.S. Act.

As per prosecution case, 250 gm. of Ganja has been recovered from the possession of the petitioner. It is submitted on behalf of petitioner that nothing has been recovered from the conscious possession of the petitioner. The alleged recovered Ganja is less than small quantity. Petitioner is in custody since 18.11.2021. Investigation is complete.

However, learned A.P.P. for the State has opposed the bail petition.

Patna High Court CR. MISC. No.9144 of 2022(3) dt.21-04-2022 2/2 Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Act - II, Muzaffarpur in connection with Saraiya P.S. Case No. 773 of 2021.

(Prabhat Kumar Singh, J) anay/- U T