Dhanraj Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31973 of 2025 Arising Out of PS. Case No.-252 Year-2024 Thana- CHAKAI District- Jamui ====================================================== Dhanraj Mandal Son of Tuplal Mandal Village- Husainabad, (Rautdih), PS -Devipur, District- Deoghar, Jharkhand ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shruti Sinha, Adv For the Opposite Party/s :

Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 21-05-2025 Heard learned Counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Pre Trial (NDPS) 16 of 2024 arising out of Chakia P.S. Case No. 252 of 2024 registered for the offences punishable u/s 20(b)(ii) C, 22, 27 and 29 of the N.D.P.S. Act.

3. As per the prosecution case, total 2.5 kg(s) of ganja was recovered from the dickey of the motorcycle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case merely because he carries criminal antecedent of similar nature of offence. It is further submitted that the petitioner has no concern with the alleged recovery. It is next submitted that no incriminating article has been recovered from

Patna High Court CR. MISC. No.31973 of 2025(2) dt.21-05-2025 2/3 the conscious possession of the petitioner. It is lastly submitted that the petitioner has two criminal antecedents and is in custody since 31.12.2024

5. Learned APP for the State has vehemently opposed the prayer for bail and has stated that the petitioner is a habitual offender and he carries two criminal antecedents of similar nature of offences.

6. Considering the aforesaid submissions of the parties and also considering the period of custody, let the petitioner above-named, be enlarged on bail, on deposition of a sum of Rs. 5,000/- to the Patna High Court Legal Services Committee, Patna, and an acknowledgment receipt be submitted before the learned Court below prior to the furnishing of bailbond and thereafter on furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Jamui in connection with Pre Trial (NDPS) 16 of 2024 arising out of Chakia P.S. Case No. 252 of 2024, subject to the following conditions:- (i) One of the bailors will be close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.

(iii) In case of absence on two

Patna High Court CR. MISC. No.31973 of 2025(2) dt.21-05-2025 3/3 consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned.

(iv) If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bond.

(v) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

7. Accordingly, the application stands allowed. (Sourendra Pandey, J) Jyoti/- U T