Mahadeo Bhagat @ Mahadev Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34634 of 2021 Arising Out of PS. Case No.-312 Year-2020 Thana- SURSAND District- Sitamarhi ====================================================== MAHADEO BHAGAT @ MAHADEV BHAGAT Son of Nandu Bhagat Resident of Village- Fatehpur, Ward No. 14, P.S.- Raghopur, DistrictVaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-01-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 8, 20(b)(ii)(c) and 22(B) of the N.D.P.S Act.

As per the prosecution case, 5 kgs of ganja is stated to have been recovered from the possession of the petitioner. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. No incriminating article has been recovered from his possession. He is in custody since 7.10.2020 and has no criminal antecedent. Charge sheet has been submitted in the case. The case of the petitioner stands on a similar footing to that of co-accused Rajendra Mahto who has been granted bail vide order dated

Patna High Court CR. MISC. No.34634 of 2021(2) dt.03-01-2022 2/2 7.10.2021 passed in Cr. Misc. no. 22189 of 2021. Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the petitioner not having any criminal antecedent and having remained in custody for over 11 months together with grant of bail to similarly situated co-accused, the Court directs the petitioner to be enlarged on bail in connection with Sursand P.S. Case no. 312 of 2020 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 Sessions Judge-cum-Special Judge N.D.P.S. Act, Sitamarhi.

(Partha Sarthy, J) Prakash/- U