Patna High CourtCR. MISC./44282/2019bail granted

Dipu Singh @ Master @ Dipu v. The State Of Bihar

2019-07-22Mr. Justice Sanjay Priya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44282 of 2019 Arising Out of PS. Case No.-158 Year-2017 Thana- UDWANTNAGAR District- Bhojpur ====================================================== DIPU SINGH @ MASTER @ DIPU S/o Shri Ram Ranvijay Singh @ Subash Singh R/o village- Masarh, P.S.- Udwant Nagar (Gajrajgarh), DistrictBhojpur, Presently residing at Basant Vihar Colony, Ward No. 11, P.S.- Ara Town in the district- of Bhojpur ... ... Petitioner/s

Versus

The State of Bihar 2.

Zonal Director, Narcotics Control Bureau, Bihar, Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhu Narayan Sharma For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-07-2019 Supplementary affidavit has been filed on behalf of the petitioner stating therein that one case is pending against the petitioner, vide Ara Town P.S. Case No. 299 of 2017 for the offence under Section 20(b) (ii) (A) of NDPS Act in which, he is on bail. Let it be kept on the record.

Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Udwant Nagar (Gajrajgarh) P.S. Case No. 158 of 2017, instituted for the offence under Section(s) 20 and 22 of Narcotics Drugs and Psychotropic Substance Act.

It is alleged in the written report that on confidential

Patna High Court CR. MISC. No.44282 of 2019(2) dt.22-07-2019 2/3 information, Police surrounded the house of petitioner. On seeing the police party, three persons started running away, but one of them was apprehended by the Police. He disclosed his name as Pankaj Singh. He disclosed the name of persons who managed to run away as Dipu Singh @ Master (petitioner) and Ramranvijay Singh. Police made search of the house of petitioner and recovered 10 Kg Ganja from room of the house of the petitioner.

Counsel for the petitioner submits that in the seizure list there is no signature of any family members of the petitioner. The Police has not followed Section 50 of NDPS Act in preparing the seizure list. There is no recovery of Ganja from conscious possession of the petitioner. Petitioner was not arrested on the spot. His name has been taken by Pankaj Singh who has been apprehended by the Police on spot. Petitioner has surrendered in the court below on 22.5.2019 after rejection of his anticipatory bail by this Court vide order dated 27.3.2019 passed in Cr. Misc. 15730 of 2019 Petitioner is in custody since 22.5.2019.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, be released on bail on furnishing

Patna High Court CR. MISC. No.44282 of 2019(2) dt.22-07-2019 3/3 bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Ara, Bhojpur, in connection with Udwant Nagar (Gajrajgarh) P.S. Case No. 158 of 2017, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T