Dipesh Kumar @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64265 of 2024 Arising Out of PS. Case No.-97 Year-2024 Thana- KHUTAUNA District- Madhubani ====================================================== Dipesh kumar @ Chhotu Son of Late Nirmal Sah R/O Vill.- Khutauna, P.S.- Khutauna, Dist.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagan Deo Yadav, Advocate with Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 8, 20(b)(ii) (A) of the N.D.P.S. Act, in connection with Khutauna P.S. Case No. 97 of 2024.

3. As per prosecution case, there has been recovery of total 1.100 Kg of Ganja from a house which is connected with the petitioner's shop.

4. The learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.64265 of 2024(2) dt.18-09-2024 2/3 that he has been falsely implicated in this case and has committed no offence. Petitioner was not apprehended on spot. Petitioner has no concern with the alleged recovery of Ganja and the place of occurrence does not belongs to the petitioner as it is a joint house property. No incriminating article has been recovered from the conscious possession of the petitioner. He further submitted that the alleged recovery of Ganja is slightly more than the small quantity as per N.D.P.S. Act. Moreover, petitioner is a person of clean antecedent and he is in custody since 21.07.2024.

5. Learned APP for the State has opposed the prayer of bail.

6. Considering the above facts and circumstances of the case as well as petitioner has clean antecedent, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Madhubani in connection with Khutauna P.S. Case No. 97 of 2024, subject to the condition that the petitioner shall co-operate in the disposal of trial and make himself available as and when required by the Court.

7. Petitioner shall remain physically present as

Patna High Court CR. MISC. No.64265 of 2024(2) dt.18-09-2024 3/3 directed by the Court and on his absence on two consecutive dates without without sufficient reason, his bail bonds shall be cancelled by the Court below.

(Nawneet Kumar Pandey, J) Arish/- U T