Ajit Kumar v. The State Of Bihar Through N.D.P.S. Act

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29844 of 2024 Arising Out of PS. Case No.-390 Year-2023 Thana- BAHADURPUR District- Patna ====================================================== Ajit Kumar Son of Hari Narayan Mehta Resident of Mohalla- Sandalpur, Devi Asthan, P.S.- Bahadurpur, Dist.- Patna ... ... Petitioner/s

Versus

The State of Bihar through N.D.P.S. Act Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pravin Kumar Sinha, Advocate For the State :

Mr.Madhura Nand Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 06-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bahadurpur P.S. Case No. 390 of 2023 registered for the offence punishable under Sections 21and 22 of the NDPS Act.

3. As per the prosecution case, 720 mg. of Buprenorphine Injection (Morphine) has been recovered from the possession of the petitioner.

4. The recovery is of 720 mg. which is small quantity. The petitioner is in jail since 13.10.2023.

5. This application is disposed of with direction to the concerned Court below to explain to the petitioner/accused the fact that the recovery is of small quantity and the maximum punishment is one year and if he pleads guilty, he may be let off

Patna High Court CR. MISC. No.29844 of 2024(4) dt.06-09-2024 2/2 after completing a particular period in custody. If the petitioner pleads guilty, appropriate order shall be passed by the Court below.

6. In case, the petitioner does not plead guilty, the petitioner shall be released on bail by the concerned Court below.

7. This application stands disposed of with the aforesaid direction(s).

(Sandeep Kumar, J) P. Kumar U T