Dheeraj Dube @ Dheeraj Kumar Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 22459 of 2023 Arising Out of PS. Case No.-478 Year-2022 Thana- BAISI District- Purnia ====================================================== DHEERAJ DUBE @ DHEERAJ KUMAR DUBEY S/o Kailashnath Dubey Resident of village-Kardhwar, P.S.-Lalganj, District-Mirzapur (Uttar Pradesh) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms Alka Singh, Advocate For the Opposite Party/s :

Mr Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned Additional Public Prosecutor (for brevity, APP) appearing for the State of Bihar.

The petitioner has preferred this application for grant of regular bail in connection with Baisi Police Station (for brevity, PS) Case No 478 of 2022 registered for the offence punishable under Sections 8/20 (b) (ii) and B of Narcotic Drugs and Psychotropic Substances Act.

As per prosecution case, total 5.100 Kilograms of Ganja kept in two packets was recovered from the bag of the

Patna High Court CR. MISC. No.22459 of 2023(2) dt.22-05-2023 2/2 petitioner.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The seized contraband is not of commercial quantity. The petitioner has no criminal antecedent, as stated in paragraph 3 of the bail petition. He is in custody in this case since 30.11.2022. Learned APP has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, period of custody as well as the nature of allegation against the petitioner, the petitioner above named is directed to be released on bail on his furnishing bonds of Rs 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of Special Judge, NDPS Act, Purnea in Baisi PS Case No 478 of 2022.

This application stands allowed.

(Chandra Prakash Singh, J) M.E.H./- U T