Patna High CourtCR. MISC./16540/2021bail granted

Mithun Kumar v. The State Of Bihar

2022-02-16Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16540 of 2021 Arising Out of PS. Case No.-167 Year-2020 Thana- NAGAR District- Vaishali ====================================================== MITHUN KUMAR S/o Damodar Sah Resident of Village/Mohalla - Sanchipatti, Narayani Nagar, P.S. - Hajipur Town, District - Vaishali. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vasant Vikas, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-02-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 20(b)(ii)(B) and 22 of the NDPS Act.

As per the prosecution case, 5 kgs of ganja were 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. He has been falsely implicated in the case. The petitioner is in custody since 16.2.2020 and investigation in the case has concluded. He undertakes to cooperate in the trial. The application for bail is opposed by learned APP for the State who submits that the petitioner has antecedents under

Patna High Court CR. MISC. No.16540 of 2021(5) dt.16-02-2022 2/2 the NDPS Act.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner having remained in custody for 2 years, the Court directs the petitioner to be enlarged on bail in connection with Hajipur Town P.S. Case no. 167 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 Additional District and Sessions Judge, NDPS Act, Vaishali at Hajipur. (Partha Sarthy, J) Prakash/- U