Patna High CourtCR. MISC./21148/2024bail granted

Shatrudhan Mahto v. The State Of Bihar

2024-05-07Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21148 of 2024 Arising Out of PS. Case No.-179 Year-2023 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== Shatrudhan Mahto S/o Jang Bahadur Mahto R/o vill - Basantpur, P.s. - Kundwa, Chainpur, Distt. - East Champaran, Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-05-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. Office has pointed out that the F.S.L. report was called for vide order dated 02.04.2024 but has not been received as yet.

3. The petitioner seeks bail in Kundwa Chainpur P.S. case No. 179 of 2023 instituted for the offences under Sections 20(b)(ii)(B) of the N.D.P.S. Act.

4. Prosecution allegation, in short, is that the 490 grams charas and 40 grams brown sugar have been recovered.

5. 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 12.12.2023 and has got no criminal antecedent. Charge-sheet has been submitted in this case. The petitioner has no concern with the

Patna High Court CR. MISC. No.21148 of 2024(3) dt.07-05-2024 2/2 recovered contraband. 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 N.D.P.S. Act.

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

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

8. 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 Kundwa Chainpur P.S. case No. 179 of 2023.

(Rudra Prakash Mishra, J) Pankaj/- U T