Kamlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22587 of 2024 Arising Out of PS. Case No.-1630 Year-2023 Thana- DANAPUR District- Patna ====================================================== Kamlesh Kumar, son of Ramayan Rai, Resident of Village- Nasriganj, Biscuit Factory More, P.S.- Danapur, Distt- Patna ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ghanshyam Tiwary, Advocate For the State :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2.

This application for grant of regular bail arises out of Danapur P.S. Case No.1630 of 2023 registered for the offence punishable under section 8(c) and 21(a) of the NDPS Act.

3.

About 4.06 grams of smack has been recovered from four accused persons. About 1.4 grams of smack has been recovered from the possession of the petitioner. The petitioner is in custody since 31.12.2023.

4.

This application is disposed of with a direction to the Special Judge, NDPS, Patna to explain to the petitioner/accused the fact that the recovery is of small quantity and the maximum punishment for the offence is one year and if

Patna High Court CR. MISC. No.22587 of 2024(2) dt.04-04-2024 2/2 he pleads guilty, he may be let off after completing a particular period in custody.

5.

If the petitioner pleads guilty, appropriate orders shall be passed by the Court below. In case, the petitioner does not plead guilty, he shall be released on bail by the Special Judge, NDPS, Patna.

(Sandeep Kumar, J) pawan/- U T