Mithun Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36581 of 2021 Arising Out of PS. Case No.-586 Year-2020 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== MITHUN SAH S/o Late Binod Sah R/o Village- Donar, Ward No.17, P.S.- Laheriasarai, District- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aprajita, Advocate For the Opposite Party/s :

Mr. Raj Ballabh Singh, 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 20 and 22 of the NDPS Act.

As per the prosecution case, it is stated that 30 grams of ganja as also Alprazolam tablets, Pyeevon Spas Plus Tablets besides other articles were recovered from the possession of this 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. Referring to the order of the learned Court below it is submitted that charge sheet has been submitted in the case without the

Patna High Court CR. MISC. No.36581 of 2021(3) dt.03-01-2022 2/2 Forensic Science Laboratory report having been received in the learned Court below. The petitioner is in custody since 31.12.2020 and has no criminal antecedent under the N.D.P.S Act.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the petitioner having remained in custody for over 1 year and not having any criminal antecedent under the N.D.P.S Act, the Court directs the petitioner to be enlarged on bail in connection with Darbhanga Sadar P.S. Case no. 586 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 Addl. Sessions Judge VII-cum-Special Judge, District-Darbhanga. (Partha Sarthy, J) Prakash/- U