Patna High CourtCR. MISC./67068/2023bail granted

Dilkhush Kumar v. The State Of Bihar

2023-10-17Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67068 of 2023 Arising Out of PS. Case No.-141 Year-2023 Thana- SHANKARPUR District- Madhepura ====================================================== DILKHUSH KUMAR SON OF SUNIL YADAV VILL-NAYA GAON MORA, WARD NO. 5, P.S-SHANKARPUR DIST-MADHEPURA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 17-10-2023 Heard the learned counsel for the petitioner and learned APP for the State.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioner seeks bail in connection with Shankarpur P.S. Case No. 141 of 2023 registered for the offence under Sections 413, 414 of the Indian Penal Code and 8, 20(b) (ii)b, 21(C) of the NDPS Act.

4. As per the prosecution case, 25 liters of electricity oil, 100 gms of Ganja and 400 ml. of Codine mix cough syrup were recovered from the the accused persons.

5. Learned counsel for the petitioner submits that the recovery of aforesaid articles was from one of the co-accused Prince Kumar and merely on the basis of confessional statement

Patna High Court CR. MISC. No.67068 of 2023(2) dt.17-10-2023 2/2 of Prince Kumar, the petitioner has been made accused in this case.

6. Learned counsel for the petitioner also submits that the petitioner is in custody since 12.08.2023.

7. Learned A.P.P. has vehemently opposed the prayer for bail.

8. Considering the aforesaid facts and the period of custody, this application for regular bail is allowed.

9. 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 the learned District and Sessions Judge-cum-Spl. Judge, Madhepura in connection with Shankarpur P.S. Case No. 141 of 2023.

10. The petitioner will mark his attendance at Shankarpur Police Station on the first Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner.

(Sandeep Kumar, J) Vikas/- U