Patna High CourtCR. MISC./54117/2024bail granted

Dabloo Poddar @ Rakesh Kr. Poddar v. The State Of Bihar

2024-07-29Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54117 of 2024 Arising Out of PS. Case No.-164 Year-2024 Thana- DHORAIYA District- Banka ====================================================== Dabloo Poddar @ Rakesh Kr. Poddar, aged 42 years (Male), S/O Late Endrashan Poddar, R/O Village- Barkope Deru, P.O -Dhoraiya, Police Station- Dhoraiya, District- Banka.

... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Ajay Mukherjee, Advocate For the Opposite Party :

Mrs. Sharda Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Dhoraiya P.S. Case No. 164 of 2024 dated 20.05.2024 registered for the offences punishable under Sections 8/20(b)(ii)(A), 21(C) of the N.D.P.S. Act and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per the prosecution case, total 864 Gram Ganja and 79 litres Onerex and Dialex DC+ were recovered from the under constructed house of the co-accused Arun Poddar.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that nothing has been recovered from

Patna High Court CR. MISC. No.54117 of 2024(2) dt.29-07-2024 2/2 the possession of the petitioner. The seized contraband is commercial quantity. The petitioner has two criminal antecedents as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 27.05.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that 79 litres of Onerex containing codeine Dialex DC also contains codeine.

6. Considering the aforesaid facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum-Special (NDPS Act), Banka/Court concern, Banka in connection with Dhoraiya P.S. Case No. 164 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T