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Patna High CourtCR. MISC./7452/2023allowed

Mahendra Mandal @ Mahendra Manjhi v. The State Of Bihar

2023-04-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7452 of 2023 Arising Out of PS. Case No.-66 Year-2016 Thana- BARACHATTI District- Gaya ====================================================== Mahendra Mandal @ Mahendra Manjhi Son Of Tileshwar Manjhi R/O Village - Gularbed, P.S.- Barachatti, Dist.- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar Singh For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 15/18 NDPS Act.

It is a case of illegal cultivation of opium plant due to which FIR has been lodged against this petitioner along other co-accused persons.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to dirty village politics. Petitioner has no concern with the alleged place of occurrence and land in question does not belong to him.

Patna High Court CR. MISC. No.7452 of 2023(2) dt.11-04-2023 2/2 Nothing any incriminating article has been recovered from his conscious possession.

He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 24.08.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Barachatti P.S. Case No. 66 of 2016 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum-Special Judge NDPS Act, Gaya.

(Sunil Kumar Panwar, J) Manish/- U T