Patna High CourtCR. MISC./29022/2024bail granted

Khairo Mandal @ Kheru Mandal v. The State Of Bihar

2024-04-19Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29022 of 2024 Arising Out of PS. Case No.-607 Year-2023 Thana- GOPALPUR District- Bhagalpur ====================================================== Khairo Mandal @ Kheru Mandal S/o Ghanshyam Mandal R/o Jhallo Das Tola, P.S.- Rangra, Distt.- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Gopalpur P.S. Case No. 607 of 2023 instituted for the offences punishable under Sections 8, 20(b)(ii)(B) of the N.D.P.S. Act.

3. Prosecution case, in short, is that 2 Kg Ganja has been recovered in this case.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating article has been recovered from the conscious possession of the petitioner and he has no concern with the alleged recovery. The recovered contraband is below the commercial quantity. Hence

Patna High Court CR. MISC. No.29022 of 2024(2) dt.19-04-2024 2/2 Section 37 of the N.D.P.S. Act is not applicable in this present case. The petitioner is in custody since 13.12.2023 and has no criminal antecedent. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the recovered contraband being below the commercial quantity as well as the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. 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 Gopalpur P.S. Case No. 607 of 2023.

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