Mantosh Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31116 of 2021 Arising Out of PS. Case No.-145 Year-2020 Thana- MAJORGANJ District- Sitamarhi ====================================================== Mantosh Patel, Son Of Ram Suresh Patel @ Bhakku Resident of Village - Khairwa Baijnathpur, P.S. Majorganj, District - Sitamarhi, (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shankar Kumar- Advocate For the Opposite Party/s :

Mr. Khurshid Anwar- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-11-2021 Heard the learned Advocate for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Majorganj P. S. Case No.145 of 2020, instituted for the offences under Sections 8/20(b)(ii)(c) of the N.D.P.S. Act. The learned counsel for the petitioner submits that the petitioner is in custody since 19.01.2021 and charge-sheet has been submitted in the case.

The learned counsel for the petitioner submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that the informant alleges that one Ramesh Mandal was apprehended at India-Nepal Border on 20.09.2020 and in presence of two independent witnesses, he was searched and from his possession, 3.250 Kgs. of Ganja was recovered. Said Ramesh Mandal disclosed the name of this petitioner as his companion, who had fled away after seeing the force.

Patna High Court CR. MISC. No.31116 of 2021(2) dt.25-11-2021 2/2 Learned counsel for the petitioner submits that Ramesh Mandal has been granted bail by order dated 24.11.2021 in Cr. Misc. No.21795 of 2021. Learned counsel for the petitioner further submits that the person, on whose confession the name of this petitioner transpired, has been granted bail. As such, the petitioner deserves to be enlarged on bail.

Learned A.P.P. opposes the bail application.

Considering the fact that the petitioner is in custody since 19.01.2021 and charge-sheet has been submitted in the case and co-accused has been granted bail, the petitioner, abovenamed, is directed to be released on bail on his furnishing bailbonds in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum-Special Judge, N.D.P.S. Act, Sitamarhi in connection with Majorganj P. S. Case No.145 of 2020.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T