Dipu Kumar @ Deepu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56380 of 2022 Arising Out of PS. Case No.-534 Year-2022 Thana- PHULWARISHARIF District- Patna ====================================================== Dipu Kumar @ Deepu Kumar Manoj Singh Resident Of Village- Gorhana, P.O.- Neora, P.S.- Bihta, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Praveen Kumar For the Opposite Party/s :
Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-02-2023 Heard learned counsel for the petitioner, informant and learned A.P.P appearing on behalf of the State.
The petitioner is languishing in custody in a case registered for the offences punishable under Sections 399, 402 of the Indian Penal Code, Sections 25(1-B) a, 26, 35 of the Arms Act and Sections 8(c) 21(b) of the N.D.P.S. Act.
There is recovery of 10 pudiya of smack from the possession of the petitioner.
It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. In the
Patna High Court CR. MISC. No.56380 of 2022(3) dt.20-02-2023 2/2 F.I.R, it has only been mentioned that 10 pudiya of smack was recovered from the possession of the petitioner but no description of weight of the recovered smack was mentioned in the seizure list. The petitioner is languishing in custody since 20.05.2022. A statement has been made in para 3 of the petition that petitioner is accused in one other case apart from the present one. Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-XXV, Patna in connection with Phulwari Sharif P.S. Case No. 534 of 2022, arising out of Special Case No. 78/22(N.D.P.S. No. 94/2022).
(Sunil Kumar Panwar, J) Shageer/- U T