Patna High CourtCR. MISC./9451/2023bail granted

Shankar Kumar Mandal @ Shankar Mandal v. The State Of Bihar

2023-05-03Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9451 of 2023 Arising Out of PS. Case No.-259 Year-2022 Thana- KISHANGANJ District- Kishanganj ====================================================== Shankar Kumar Mandal @ Shankar Mandal S/o Late Asarfi Mandal R/o Behind of Bihar Bus Stand Kishanganj, P.S.- Kishanganj Distt- Kishanganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amal Kumar Sinha, Adv.

For the Opposite Party/s :

Ms. Nirmala Kumari, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 03-05-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Special Case No. 20/2022 arising out of Kishanganj P.S. Case No. 259 of 2022 dated 04.07.2022 registered for the offences punishable under Sections 17(a), 18(a) and 21(a) of N.D.P.S. Act.

3. The main submissions advanced by petitioner's counsel are that as per the allegation, 7.380 gm of narcotic material suspected to be smack kept in 35 sachets is stated to have been recovered from the house of this petitioner but the petitioner had no concern with the said seized contraband and in actual, the petitioner's wife was involved in the alleged crime and three similarly situated co-accused persons namely

Patna High Court CR. MISC. No.9451 of 2023(2) dt.03-05-2023 2/2 Aftab Hussain, Aarti Devi and Muskan Devi have been granted bail by the trial Court itself and the case of this petitioner stands on better footing from the said co-accused persons as he was not arrested with the alleged contraband and moreover, the alleged contraband which is stated to have been recovered from the house of this petitioner is slightly more than the small quantity and the witnesses of the seizure of the alleged contraband are police personnel and against the petitioner, the charge has been framed and his trial has started and he has been languishing in jail since 08.07.2022.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Special Case No. 20/2022 arising out of Kishanganj P.S. Case No. 259 of 2022.

(Shailendra Singh, J) annu/- U T