Patna High CourtCR. MISC./1120/2022bail granted

Dharamveer Kumar v. The State Of Bihar

2023-01-17Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1120 of 2022 Arising Out of PS. Case No.-500 Year-2021 Thana- DIGHA District- Patna ====================================================== DHARAMVEER KUMAR SON OF VIMAL RAY R/O VILLAGE- NAKTA DIYARA, P.S.- DIGHA, DIST.- PATNA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rana Ishwar Chandra, Advocate For the Opposite Party/s :

Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-01-2023 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 8(c), 20 and 22 of the NDPS Act.

As per the prosecution case, 15 gms of brown sugar like substance is said to have been recovered from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. No incriminating article has been recovered from his possession. There is no FSL report on record. Even the alleged narcotic recovered is less than the commercial quantity. The petitioner has no criminal antecedent and is in custody since 4.9.2021. Heard learned APP for the State.

Patna High Court CR. MISC. No.1120 of 2022(5) dt.17-01-2023 2/2 Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the quantity allegedly recovered being less than the commercial quantity, the petitioner not having any criminal antecedent and having remained in custody for 1 year 4 months since 4.9.2021, the petitioner is directed to be enlarged on bail in connection with Special Case no. 123 of 2021 (arising out of Digha P.S. Case no. 500 of 2021) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. District & Sessions Judge, XXIV, Patna.

(Partha Sarthy, J) Spd/- U T