Research › Search › Judgment

Patna High Court · body

2025 DAILYLAW 85933 (PAT)

Dilip Mahto @ Dilip Kumar Suman v. The State of Bihar

CR. MISC./86861/2024 · 2025-01-08

Anjani Kumar Sharan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.86861 of 2024 Arising Out of PS. Case No.-170 Year-2024 Thana- BASOPATTI District- Madhubani ====================================================== Dilip Mahto @ Dilip Kumar Suman S/O Raj Kumar Mahto R/O Village- Basopatti Purvi, Ward No. 08, P.S.- Basopatti, Distt.- Madhubani. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Manoj Kumar Pandey For the Opposite Party/s : Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 2 08-01-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 8/20(B)(ii) (C)/24 of the N.D.P.S. Act. 3. As per FIR, there is recovery of 13536 capsules of Spasmo Proxyvon Plus, 50 injection of Pentazocine, 5700 pieces of Nitrovet, 2200 tablets of Nitrazepam and 5850 bottles of exiplon cough syrup from the house of the petitioner. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to suspicion. He submits that the mandatory provision under Section 50 of the N.D.P.S. Act has not been followed. He submits that the seized medicine has been recovered from the vacant house of the petitioner not from his conscious Patna High Court CR. MISC. No.86861 of 2024(2) dt.08-01-2025 2/2 possession. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application. 5. Learned APP for the State opposes the prayer for bail. 6. Considering the nature of offence, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Basopatti P.S. Case No. 170 of 2024. devendra/- (Anjani Kumar Sharan, J) U T