Dhirendra Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17033 of 2017 Arising Out of PS.Case No. -13 Year- 2017 Thana -LAKHNAUR District- MADHUBANI ====================================================== Dhirendra Kumar Mahto, son of Sri Ramdeo Mahto, Resident of VillageBela, P.S.- Lakhnour, Distt- Madhubani. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Soban Asghar For the Opposite Party/s : Mr. Sri Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-05-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Lakhnour P.S. Case No. 13 of 2017 registered for the offences punishable under sections 20(b) B/25 of the NDPS Act. Allegedly, from the betel shop of the petitioner 1 kg 250 gms. of Ganja besides 450 gms. Bhang and cash of Rs. 1302/- one mobile, was recovered.

Submission is false implication and nothing has been recovered from the possession of the petitioner. The petitioner has been made victim of the circumstances. The mandatory provision of the NDPS Act has not been followed. The petitioner is suffering in custody since 29.01.2017 and, as such, he deserves sympathetic

Patna High Court Cr.Misc. No.17033 of 2017 (2) dt.03-05-2017 2/2 consideration.

The learned A.P.P. opposes the prayer of bail. In the facts and circumstances stated above and considering the recovery of Ganja which is little more than small quantity and as such, the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of the learned Sessions Judge-cum-Special Judge, Madhubani, in connection with Lakhnour P.S. Case No. 13 of 2017, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Ravi/- U T