Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27938 of 2023 Arising Out of PS. Case No.-809 Year-2022 Thana- MASAUDHI District- Patna ====================================================== DEEPAK KUMAR Son of Ram Vijay Prasad @ Ram Vinay Prasad R/o Village - Rewa, P.S.- Massaurahi, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhirendra Kumar Sinha For the Opposite Party/s :

Mr. Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-05-2023 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 A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Special Case No. 27 of 2023 arising out of Masaurhi P.S. Case No. 809 of 2022 dated 01.12.2022 registered for the offences punishable u/s 8, 20(b) (ii) (B) of the N.D.P.S Act.

As per the prosecution case, total 1.170 kg of ganja was recovered from the rented house of the petitioner and he was apprehended on the spot.

Patna High Court CR. MISC. No.27938 of 2023(2) dt.25-05-2023 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The seized contraband is small quantity and less than commercial quantity. Learned counsel has submitted that the said house does not belong to the petitioner and the petitioner was only present on the spot. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is also accused in six other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 01.12.2022. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna in connection with Special Case No. 27 of 2023 arising out of Masaurhi P.S. Case No. 809 of 2022. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T