Dinesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12539 of 2021 Arising Out of PS. Case No.-56 Year-2020 Thana- BHANGHA District- West Champaran ====================================================== DINESH MAHTO Son of Palat Mahto Resident of Bhangaha, Parsaini, P.S.- Inarwa, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-06-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Bhangaha P.S. Case no. 56 of 2020 registered under sections 20, 21, 23, 24 and 27 of the NDPS Act.

As per allegation in the FIR, 21⁄2 kg. of ganja was recovered from the possession of the petitioner. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his possession. Neither the seizure list bears his name nor was a copy of the same supplied to him. He has been falsely

Patna High Court CR. MISC. No.12539 of 2021(2) dt.25-06-2021 2/2 implicated in the case. He is in custody since 21.8.2020 and has no criminal antecedent. Chargesheet has been submitted in the case.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the submission made on behalf of the petitioner together with the petitioner having remained in custody for 10 months, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Bhangaha P.S. Case no. 56 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, West Champaran Bettiah. Spd/- (Partha Sarthy, J) U T