Mahendra Mandal And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38802 of 2018 Arising Out of PS.Case No. -66 Year- 2016 Thana -BARACHATTI District- GAYA ======================================================

1. Mahendra Mandal son of Tileshar Mandal

2. Ramvatar Manjhi, son of Late Latan Manjhi, resident of VillageGularbed, P.S.- Barachatti, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prithivi Raj Singh For the Opposite Party/s : Mr. Sri Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-07-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Barachatti P.S.Case no.66 of 2016 , registered for offences punishable under Sections 15 an18 of the NDPS Act, 1985. Allegation against the petitioners is that he was found cultivating opinion, that was seized and the seizure list was prepared.

Submission of the learned counsel for the petitioners is that he is a daily wager and only 100 gram fruit of opium was recovered, which will appear from the seizure list and the same is small quantity.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.38802 of 2018 (3) dt.10-07-2018 2/2 circumstances, as stated above, let the petitioner surrender before the learned court below within a period of four weeks from the date of receipt of the order and make prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by the order of this Court. With the aforesaid direction, this application is disposed of. (Vinod Kumar Sinha, J) chn/- U T