Dilip Chaurasia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56948 of 2023 Arising Out of PS. Case No.-315 Year-2023 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== DILIP CHAURASIA son of Mr. Ganesh Chaurasia Village- Sadhu Chowk Ward no-3, Ps- Gopalganj Dist- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vaishnavi Singh For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-09-2023 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 21(a), 21 (c) of the N.D.P.S. Act.

As per prosecution case, the petitioner was apprehended on the spot and from his possession total 14.6 grams smack like substance was recovered.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in the present case. The petitioner has no concern with the alleged recovery of smack like

Patna High Court CR. MISC. No.56948 of 2023(2) dt.05-09-2023 2/2 substance and the same was lesser than commercial quantity as per N.D.P.S. Act. A statement has been made in para-15 of the petition that Section 42 and 52(A) of the NDPS has not been compliance. It is further submitted that the petitioner has been languishing in judicial custody since 26.04.2023.

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 judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Gopalganj Town P.S. Case No. 315 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court. (Sunil Kumar Panwar, J) manishkumar/- U T