Dinesh Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16305 of 2023 Arising Out of PS. Case No.-584 Year-2022 Thana- BETTIAH CITY District- West Champaran ====================================================== Dinesh Gupta Son Of Dahari Gupta R/V- Jiganahi, Ps- Bhitaha, Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kr Singh No. 1 For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 8, 20B(ii) (c), 29 of the NDPS Act.

The prosecution case relates to recovery of total 11.500 kg ganja like substance which was recovered from the trolley bag of the petitioner. It is further alleged that from coaccused persons ganja like substance was also recovered. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner was standing on the bus stop and he has falsely been implicated in this case merely on the basis of suspicion.

Patna High Court CR. MISC. No.16305 of 2023(2) dt.11-05-2023 2/2 The petitioner has no concern with the alleged recovery and the recovered 11.500 kg ganja like substance does not come within the commercial quantity. He has got no criminal antecedent. It is further submitted that the seizure list has not been prepared as per provision of u/s 50 of the NDPS Act. Moreover, the petitioner is languishing in judicial custody since 09.08.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bettiah Town P.S. Case No. 584 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions JudgeIII-cum-Special Judge, Bettiah, West Champaran. (Sunil Kumar Panwar, J) Manish/- U T