Ram Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19195 of 2021 Arising Out of PS. Case No.-182 Year-2020 Thana- KHAGAUL District- Patna ====================================================== Ram Kumar Mahto Son Of Bindeshwar Mahto @ Vindeshwar Mahto resident of Village Bagraha P.S. Ghoghardiha District Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :

Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-10-2021 Let the defects, if any, be removed within four weeks of the start of the normal functioning of the Court. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 20/22 of the N.D.P.S. Act. Four kilograms of Ganja was allegedly recovered from possession of the petitioner. The petitioner is in custody since 04.10.2020. The petitioner has stated on oath that he has got no criminal antecedent.

Submission is that recovered quantity is less than commercial quantity. Moreover, there is non-compliance of mandate of law in the matter of search and seizure. Investigation of the case is already complete.

Patna High Court CR. MISC. No.19195 of 2021(3) dt.21-10-2021 2/2 Considering the submission aforesaid and the period already undergone by the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Special Case No.147 of 2020, arising out of Khagaul P.S. Case No. 182 of 2020, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T