Patna High CourtCR. MISC./49792/2021disposed

Dipak Kumar @ Deepak Kumar @ Dipal Kumar v. The State Of Bihar

2021-11-25Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49792 of 2021 Arising Out of PS. Case No.-474 Year-2021 Thana- ARARIA District- Araria ====================================================== DIPAK KUMAR @ DEEPAK KUMAR @ DIPAL KUMAR S/o HARDEO YADAV R/o VILLAGE-KHARAIYA BASTI, WARD No. 10, P.S AND DISTRICT-ARARIA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Prasad Singh For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-11-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 21(b)/22 of the N.D.P.S. Act.

As per the prosecution case, 50 gram of Brown Sugar/Smack has been recovered from the possession of the petitioner.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. No incriminating article has been recovered from the conscious possession of the petitioner and he is no way concerned with the alleged recovery. It is submitted that mandatory provision with regard to search and seizure has not

Patna High Court CR. MISC. No.49792 of 2021(2) dt.25-11-2021 2/2 been followed and since the recovered quantity of narcotic substance is less than commercial quantity, rigours of Section 37 of the NDPS Act could not be attracted against this petitioner. Petitioner is in custody since 14.06.2021 and investigation in this case is complete.

Learned counsel appearing for the State opposes the prayer for bail and submits that more than small quantity of Brown Sugar/Smack has been recovered from the possession of the petitioner.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. However, once charge is framed and trial commences, the petitioner, shall be released on bail by the trial court to its own satisfaction on the condition that the petitioner will co-operate in the trial.

(Prabhat Kumar Singh, J) BKS/- U T