Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30689 of 2023 Arising Out of PS. Case No.-82 Year-2023 Thana- BUDDHACOLONY District- Patna ====================================================== DEEPAK KUMAR SON OF DINESH MANDAL @ DINESH SHAW VILLAGE- LODIPUR VIDYA PATI MARG, CHINA KOTHI, PSBUDDHA COLONY, DISTT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== 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 instituted for the offence under Sections 8, 8(c), 20(b)(ii)(A) and 21(b) of the N.D.P.S. Act.

As per prosecution case, on secret information received that one person selling Brown sugar at Lodipur. Police party reached at the place and started checking, on search there has been recovery of 39 gram of Brown sugar (smack) and 70 gram of Ganja from the pocket of the petitioner. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the petitioner has no

Patna High Court CR. MISC. No.30689 of 2023(2) dt.24-06-2023 2/2 concern with the seized Ganja and smack like substance. He submitted that seized narcotics like substance does not come within the purview of commercial quantity as per N.D.P.S. Act. The provision of Section 50 of the NDPS Act has not followed in this case, while preparing the seizure list. He further submitted that petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 05.01.2023.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned A.D.J.- XVIII, Patna in connection with BuddhaColony P.S. Case No. 82 of 2023.

(Sunil Kumar Panwar, J) arish/- U T