Dipesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82154 of 2023 Arising Out of PS. Case No.-213 Year-2023 Thana- BRAHMPURA District- Muzaffarpur ====================================================== Dipesh Kumar Son of Sitaram Prasad @ Sachitanand Prasad Resident Of Village- Tonwa, P.S.- Jhawkhar, District- Motihari ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok Kumar Alok, Advocate For the Opposite Party/s :
Mr. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 09-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Brahampura P.S. Case No. 213 of 2023, registered for the offences punishable under Sections 402, 399, 414 of the Indian Penal Code and 8(c), 21(b) of the NDPS Act.
3. As per the prosecution case, 5.2 grams smack was recovered from the possession of the petitioner.
4. Learned counsel for the petitioner submits that there is recovery of 5.2 grams of smack from the possession of petitioner as alleged in the F.I.R. which is close to the small quantity. He also submits that the petitioner is a young boy of aged about 19 years. It is also submitted that there is no compliance of mandatory provision of Section 50 of the NDPS
Patna High Court CR. MISC. No.82154 of 2023(2) dt.09-01-2024 2/2 Act in this case. Petitioner has no criminal antecedent and is in jail custody since 18.09.2023.
5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.
6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, and period of custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum-Special Judge, NDPS Act, Muzaffarpur in connection with Brahampura P.S. Case No. 213 of 2023.
(Sunil Dutta Mishra, J) ashutosh/- U T