Patna High CourtCR. MISC./86913/2024bail granted

Deepak Kumar @ Dipak Tiwari v. The State Of Bihar

2025-01-07Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86913 of 2024 Arising Out of PS. Case No.-463 Year-2024 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Deepak Kumar @ Dipak Tiwari S/O Late Raj Kumar Tiwari Resident of Village - Shokhara ward no.-10, P.S - Phulwariya, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Mr. Raju Kumar, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-01-2025 Heard Mr. N.K. Agrawal, learned senior counsel for the petitioner and Mr. Choubey Jawahar, learned APP for the State.

2. The petitioner seeks bail in connection with Town P.S. Case No. 463 of 2024, instituted for the offences under punishable under Sections 8, 20(B)iiC of the NDPS Act.

3. Prosecution allegation, in short, is that there is recovery of 450 gm ganja from the motorcycle of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner

Patna High Court CR. MISC. No.86913 of 2024(2) dt.07-01-2025 2/2 further submits that the petitioner has got no concern with the alleged recovery of ganja. The recovered contraband is below the commercial quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. The petitioner is in custody since 19.08.2024 and has got three criminal antecedents in which he is on bail in two cases and has been acquitted in one case. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the recovered contraband being below the commercial quantity and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Town P.S. Case No. 463 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T