Dipak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31419 of 2017 Arising Out of PS.Case No. -164 Year- 2017 Thana -GARKHA District- SARAN ======================================================

1. Dipak Kumar Son of Late Lalan Ray, Resident of Village- Didar Ganj, P.S.- Didar Ganj, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhirendra Kumar Sinha, Advocate For the Opposite Party/s ; Mr. Kalyan Shankar, A.P.P. 30 ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 11-07-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in case registered for offences punishable under Sections 467, 468, 414 of the Indian Penal Code and Sections 20, 22 N.D.P.S. Act.

The prosecution case as lodged by the police party is that on a secret tip off, during course of checking of vehicles in which the petitioner along with other co-accused , Mintu Rai was found in a Tata Summo vehicle and another person namely, Jitendra Kumar was apprehended with motorcycle and after search, 100 grams Ganja was recovered.

It has been submitted by the learned counsel for the petitioner that he is innocent and he is aged only 19 years and not

Patna High Court Cr.Misc. No.31419 of 2017 (2) dt.11-07-2017 2/2 involved any such occurrence and bears no criminal history. He submits that nothing has been recovered from his consions possession and extra judicial confessional statement before police has also no evidentiary value in the eye of law. He submits that considering the small quantity of recovered Ganja, a sympathetic consideration be given.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of like amount each to the satisfaction of learned Sessions Judge, Saran at Chapra in connection with N.D.P.S. Case No. 04/2017 arising out of Garkha P.S.Case No. 164 of 2017. .

(Nilu Agrawal, J) Sudha/- U T