Deepak Dhanuk v. The Narcotics Control Bureau Through The Intelligence Officer, Zonal Unit, Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 37896 of 2023 Arising Out of PS. Case No.-4 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Bhojpur ====================================================== DEEPAK DHANUK S/O KISHUN DHANUK R/O Village- Shahpur Ward No. 10, PS. Shahpur, Dist. Bhojpur ... ... Petitioner/s
Versus
The Narcotics Control Bureau Through The Intelligence Officer, Zonal Unit, Patna Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravindra Kumar For the Opposite Party/s :
Mr.Dr. Krishna Nandan Singh (A.S.G) For the NCB Ms. Renuka Sharma Adv. Mr. Sameer Sawarn ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-07-2023 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 8(c), 21(c), 25, 28, 29 and 35of the N.D.P.S. Act.
The prosecution story, in brief, is that after getting the secret information, the NCB team raided the cow shed of coaccused Vinod Dhanuk and apprehended him. Upon search, total 380 grams Heroine/narcotic substance was recovered from the said cow shed. Thereafter, the apprehended person disclosed the he along with his brother (petitioner) used to purchase Heroin from co-accused Tuntun Nut and Ajit Mahto
Patna High Court CR. MISC. No. 37896 of 2023(2) dt.04-07-2023 2/3 and after packing in sachet, give it to Badal Dhanuk for sale. 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 was not apprehended on spot nor any incriminating article has been recovered from his conscious possession rather his name came into light on the basis of confession made by his brother/coaccused namely, Vinod Dhanuk. Similarly situated other accused person has already been enlarged on bail by Court vide order dated 23.3.2023 passed in Cr. Misc. No. 68060 of 2022. It is further submitted that the petitioner is remanded in this case from another case and languishing in judicial custody in this case since 18.10.2022.
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 N.D.P.S. case No. 71 of 2022 arising out of NCB Case no. 4 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like
Patna High Court CR. MISC. No. 37896 of 2023(2) dt.04-07-2023 3/3 amount each to the satisfaction of learned Additional Sessions Judge II, Bhojpur at Ara.
(Sunil Kumar Panwar, J) sushma/- U