Jayprakash Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.59503 of 2017 Arising Out of PS.Case No. -20 Year- 2008 Thana -GOVERNMENT OFFICIAL COMP. DistrictARRARIA ======================================================
1. Jayprakash Mandal, Son of Late Kadam Lal Mandal, Resident of VillageNarayanpur, Police Station- Raniganj, District- Araria. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajendra Prasad Sah For the Opposite Party/s : Mr. Sri Arbind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 10-01-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is in custody in connection with Special Case No. 20 of 2008, a case under Sections 18 and 18(b) of the Narcotic Drugs & Psychotropic Substance (NDPS) Act. The F.I.R. with allegation of growing opium crops in the field, reveals that the occurrence took place on 13.03.2008 and the F.I.R. was lodged on 07.05.2008. Cognizance has been taken in this case on 12.04.2016. The report of the trial judge reveals that the charges have already been framed in this case and the case is pending for prosecution evidence. Petitioner is in custody since 30.10.2017.
Submission is that there is no material to substantiate that
Patna High Court Cr.Misc. No.59503 of 2017 (3) dt.09-01-2018 2/2 the petitioner had knowledge about the growing of any opium in his field.
Considering the aforesaid fact, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (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. 20 of 2008 with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) sushma/- U T