Manoj Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37709 of 2021 Arising Out of PS. Case No.-9 Year-2021 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== Manoj Mahto, Son of Lakhinder Mahto Resident of Village - Laxminya, Ward No. 09, Jaynagar, District - Rautahat (Nepal) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisuzzoha- Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-12-2021 Heard the learned Advocate for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Kundwa Chainpur P. S. Case No.09 of 2021, instituted for the offences under Sections 20, 22, 23, 24 of the N.D.P.S. Act. The learned counsel for the petitioner submits that the petitioner is in custody since 11.01.2021, he is a person with clean antecedent and charge-sheet has been submitted against him.

The learned counsel for the petitioner submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that the allegation is of recovery of 1.500 Kg. of Ganja from his possession. Though the petitioner disputes that the

Patna High Court CR. MISC. No.37709 of 2021(2) dt.08-12-2021 2/2 recovery was made from his conscious possession The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner is in custody since 11.01.2021, he is a person with clean antecedent, chargesheet has been submitted against him and the alleged recovery is little more than the small quantity and much less than the commercial quantity, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Additional Sessions Judge, East Champaran, Motihari in connection with Kundwa Chainpur P. S. Case No.09 of 2021.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T