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Patna High CourtCR. MISC./2345/2024allowed

Deepak Mahto @ Deepak Kumar v. The State Of Bihar

2024-01-29Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2345 of 2024 Arising Out of PS. Case No.-863 Year-2023 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== Deepak Mahto @ Deepak Kumar Son Of Jaleshwar Mahto Resident Of Akharaghat, Karpuri Nagar, P.S.-TOWN(OP-SIKANDARPUR), DistrictMuzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yugal Kishore For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 8(c), 20(b)(ii)(A), 21(b) of the N.D.P.S Act. There are recoveries of 22 grams of Ganja and 12 grams of smack from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The

Patna High Court CR. MISC. No.2345 of 2024(2) dt.29-01-2024 2/2 petitioner has no concern with the seized contraband. Moreover, the seized contraband does not come within the purview of commercial quantity. The petitioner is languishing in custody since 20.10.2023.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail after framing of charge, if the charge has still not been framed and on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum-Special Judge, Muzaffarpur in connection with Town P.S. Case No. 863 of 2023. (Sunil Kumar Panwar, J) Shageer/- U T