Patna High CourtCR. MISC./12983/2024bail granted

Santosh Mahto @ Santosh Sahni v. The State Of Bihar

2024-02-23Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12983 of 2024 Arising Out of PS. Case No.-359 Year-2022 Thana- BHELDI District- Saran ====================================================== Santosh Mahto @ Santosh Sahni son of Late Mithu Mahto Village- Katsha Ps- Bheldi Dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivjee Singh, Advocate For the State :

Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-02-2024 Heard learned counsel for the petitioner and Mr. Jharkhandi Upadhyay, learned APP for the State.

2. This is the second attempt for bail of the petitioner as earlier such prayer was rejected by order dated 17.05.2023 in Cr. Misc. No. 22709 of 2023.

3. The petitioner seeks bail in connection with NDPS Case No. 12 of 2023 arising out of Bheldi P.S. Case No. 359 of 2022 registered for the offence punishable under Sections 8/20(b)(ii)(c)/29 of the NDPS Act.

4. As per the prosecution case, the recovery is of 21.2227 kg. of ganja from behind the house of the petitioner.

5. It has been submitted by learned counsel for the petitioner that there is no substantial progress in the trial and therefore, the petitioner has renewed his prayer for bail. He

Patna High Court CR. MISC. No.12983 of 2024(2) dt.23-02-2024 2/2 further submits that cognizance has been taken in this case. The petitioner is in jail since 14.10.2022.

6. Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.

7. Considering the period of custody, this application is allowed.

8. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum-Special Judge, NDPS, Saran at Chapra in connection with NDPS Case No. 12 of 2023 arising out of Bheldi P.S. Case No. 359 of 2022.

9. The Court below at the time of granting bail will verify the statement of the petitioner that the trial has not begun and only cognizance has been taken. If the statement is true, then the bail bond of the petitioner shall be accepted otherwise the bail bond shall not be accepted.

(Sandeep Kumar, J) P. Kumar U T