Ramjee Mahto @ Ram Jivan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25585 of 2022 Arising Out of PS. Case No.-917 Year-2021 Thana- PHULWARISHARIF District- Patna ====================================================== RAMJEE MAHTO @ RAM JIVAN MAHTO S/o Late Hari Narayan Mahto R/o village- Tamtam Parab, P.S.- Phulwarisharif, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar Sinha, Advocate For the State :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 14-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 20, 21(b), 22, 27 of the NDPS Act.

As per the prosecution case, the accused Raj Kumar Chaudhary was caught and on search 18 Puriyas containing about 18 gram of Brown Sugar is said to have been recovered from him. It is further stated that the seized article belonged to the petitioner and it was on the petitioner's instruction that he was selling the same.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. Neither the petitioner was arrested at the spot nor any

Patna High Court CR. MISC. No.25585 of 2022(3) dt.14-11-2022 2/2 incriminating article has been recovered form his possession. The petitioner is in custody since 6.12.2021 and chargesheet has been submitted in the case.

Having heard learned counsel for the parties and taking into consideration the nature of allegation, the petitioner not having been arrested at the spot, no incriminating article having been recovered from the petitioner's possession and chargesheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Special Case No. 166 of 2021 (arising out of Phulwarisharif P.S. Case no. 917 of 2021) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-IV -cumSpecial Judge NDPS Act, Patna. (Partha Sarthy, J) avinash/- U T