Rajesh Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4111 of 2025 Arising Out of PS. Case No.-94 Year-2024 Thana- INARWA District- West Champaran ====================================================== Rajesh Mandal S/O Chitranjan Mandal R/O Tilojpur, P.S- Manpur, Distt.- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 12-02-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner seeks bail in connection with Inarwa P.S. Case No. 94 of 2024 dated 13.09.2024 registered for the offence punishable under Sections 8/20(b)(ii)(b), 23(b) of the N.D.P.S. Act.

3. The allegation is of recovery of 5 kg Ganja like substance from two packets which were being carried by the petitioner.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that nothing has been recovered from the conscious possession of the petitioner, rather, the same has been recovered from a bag and the seizure list has been prepared without following the provision of law which is against mandatory provision of Section 50 of the N.D.P.S. Act. It is further submitted

Patna High Court CR. MISC. No.4111 of 2025(2) dt.12-02-2025 2/2 that the said Ganja like substance is much less than the commercial quantity. It is also submitted that charge-sheet has been submitted without F.S.L. report. Till date the said seized articles have not been identified and the witnesses of the said seizure list are members of the raiding team itself. Lastly, it has been submitted that the petitioner is in custody since 14.09.2024, having no criminal antecedent and charge-sheet has been submitted in the case.

5. Learned A.P.P for the State opposes the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Bettiah, West Champaran in connection with Inarwa P.S. Case No. 94 of 2024.

(Khatim Reza, J) prabhat/- U T