Manish Kumar @ Mannu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20343 of 2024 Arising Out of PS. Case No.-329 Year-2023 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Manish Kumar @ Mannu Son of Late Manoj Paswan Resident of VillageSiuri, P.S.- Cheria Bariyarpur (Manjhaul O.P.), District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Braj Bhusan Poddar, Advocate For the Stat :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Cheria Bariyarpur (Manjhaul) PS Case No. 329 of 2023, instituted for the offences under Sections 8 & 20(b) (ii) (B) of the NDPS Act and Section 25(1-B)a, 26 & 35 of the Arms Act. 3.

Prosecution case in short is that there is recovery of 1260 grams of ganja, one country made pistol and two live cartridges from the co-accused persons.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet been submitted in this case. No incriminating material has been recovered from the conscious

Patna High Court CR. MISC. No.20343 of 2024(2) dt.19-03-2024 2/2 possession of the petitioner. Learned counsel for the petitioner further submits that only two cartridges are alleged to have been recovered from the possession of the petitioner. So far as contraband is concerned, the recovered contraband is below the commercial quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. The petitioner is in custody since 07-11-2023 and has got one criminal antecedent. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act. 5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, charge sheet being submitted and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7.

Let the petitioner 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 Court below/concerned Court in connection with Cheria Bariyarpur (Manjhaul) PS Case No. 329 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T