Dinesh Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18903 of 2023 Arising Out of PS. Case No.-518 Year-2022 Thana- JAYNAGAR District- Madhubani ====================================================== Dinesh Mandal Son Of Shibo Mandal Resident Of Village- Khirauna PsSirha, Distt- Sirha, Nepal ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash Mr. Gagandeo Yadav Mr. Rajesh Kumar For the Opposite Party/s :

Mr. Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 8, 21, 22 of N.D.P.S. Act.

It is a case of recovery of 4 litres of Codeine Phosphate and Chlorpheniramine Maleate Syrup Dialex Ec from he motorcycle bearing Reg. No. BR-32Q-7183. The petitioner is alleged to be the driver of aforesaid motorcycle.

Patna High Court CR. MISC. No.18903 of 2023(2) dt.18-05-2023 2/3 It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. The petitioner has no concern with the alleged recovery. There is no any independent witness of the alleged recovery. It is also submitted that petitioner is languishing in judicial custody since 25.12.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Jainagar P.S. Case No. 518 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each

Patna High Court CR. MISC. No.18903 of 2023(2) dt.18-05-2023 3/3 to the satisfaction of the learned Additional Sessions Judge V, Madhubani.

(Sunil Kumar Panwar, J) Nirajkrs/- U T