Deepak Rai @ Dipak Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32830 of 2023 Arising Out of PS. Case No.-546 Year-2022 Thana- BHAGWAN BAZAR District- Saran ====================================================== DEEPAK RAI @ DIPAK RAI Son of Late Sita Ram Rai Resident of village - Daulatganj, P.S. - Bhagwan Bazar, Distt. - Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-06-2023 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 20/22 of the NDPS Act.

As per FIR the petitioner and co-accused persons were apprehended on the spot and from possession of the petitioner 05.39 gm smack like substance and 9000/- cash were recovered.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no concern with the alleged recovery and the recovered 05.39

Patna High Court CR. MISC. No.32830 of 2023(2) dt.24-06-2023 2/2 gm smack like substance does not come within the purview of commercial quantity. It is further submitted that the petitioner is languishing in judicial custody since 23.11.2022.

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 Bhagwan Bazar P.S. Case No. 546 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 Ist Additional Sessions Judge-cum Special Judge Saran at Chapra. (Sunil Kumar Panwar, J) lata/- U T