Santosh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18611 of 2024 Arising Out of PS. Case No.-90 Year-2023 Thana- SAHODARA District- West Champaran ====================================================== Santosh Mahto S/o Suresh Mahto R/o Village - Rajpur, P.S. - Sahodra, Dist. - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bashishtha Narayan Mishra, Advocate Mr. Brij Kishore Mishra, Advocate For the Opposite Party/s :

Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sahodra P.S. Case No.90 of 2023 instituted for the offences under Section 414 of the Indian Penal Code and 8/20(b)(ii) (b)/8/20(b)(ii)(c) of the NDPS Act.

3. Prosecution case, in short, is that on secret information it was found that a person was coming from Nepal with 'Ganja' and gave it to another person at villagePanchgahiya. After that police reached at the village-

Patna High Court CR. MISC. No.18611 of 2024(2) dt.21-03-2024 2/3 Panchgahiya and after seeing the police two persons tried to fled away , but after chase they were arrested with their motorcycles and recovered 15 Kg. 'Ganja'. After interrogation they disclosed their name as Shri Narayan Mahto and Ramashish Chaudhary. Accordingly, the seizure list was prepared and lodged the FIR.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is in custody since 19.07.2023 and has got no antecedent. Further submits that no incriminating material has been recovered from the conscious possession of the petitioner. 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. There is no compliance of Sections 42 and 50 of the NDPS Act.

5. Learned APP for the State has vehemently opposes the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and period of custody undergone by the petitioner and the recovered contraband below commercial quantity, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/-(Rupees Ten Thousand)

Patna High Court CR. MISC. No.18611 of 2024(2) dt.21-03-2024 3/3 with two sureties of the like amount to the satisfaction of court below/concerned court in connection with Sahodra P.S. Case No.90 of 2023.

(Rudra Prakash Mishra, J) Prakash Narayan U T