Bikram Mandal v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50464 of 2016 Arising Out of PS.Case No. -124 Year- 2016 Thana -GAMAHARIYA District- MADHEPURA ====================================================== Bikram Mandal Son of Late Laxmi Mandal, Resident of Village- Babhani P.S.- Gamharia Dist- Madhepura.

.... .... Petitioner

Versus

1. The State of Bihar.

2. The Director General of Narcotic Drurgs and Psychotropic Substance Department, Patna.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Chandra Mohan Jha For the Opposite Party/s : Mr. Sri Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 22-12-2016 Heard Sri Chandra Mohan Jha, learned counsel for the petitioner, learned Addl. Public Prosecutor as well as Smt. Shail Kumari, learned Central Government Counsel. The sole petitioner, who is in custody since 22.09.2016 in Gamharia P.S. Case No.124 of 2016 corresponding to Special Case no.25 of 2016 registered for the offence under Sections 8, 20(b)(ii)(A) of N.D.P.S. Act, has prayed for grant of bail.

By way of referring to the statement made in paragraph-3 of the petition, it was submitted by learned counsel for the petitioner that the petitioner is having clean antecedent and from the possession of the petitioner, recovery of 150 gms of

Patna High Court Cr.Misc. No.50464 of 2016 (2) dt.22-12-2016 2/2 Ganja has been shown. He submits that of course, recovery of ganja was shown, which is lesser than the smaller quantity, according to learned counsel for the petitioner, the petitioner has falsely been implicated in the present case.

Learned Addl. Public Prosecutor has opposed the prayer for bail of the petitioner.

However, considering the recovered ganja, which is lesser than the smaller quantity, clean antecedent of the petitioner as well as period of custody, let the petitioner, namely, Bikram Mandal be released on bail on furnishing bail bond of Rs.10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum- Special Judge, Madhepura in connection with Gamharia P.S. Case No.124 of 2016 corresponding to Special Case No.25/2016. (Rakesh Kumar, J) NKS/- U T