Patna High CourtCR. MISC./28006/2025bail granted

Rajan Kumar Mahto v. The State Of Bihar

2025-05-07Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28006 of 2025 Arising Out of PS. Case No.-12 Year-2024 Thana- JHAROKHAR District- East Champaran ====================================================== Rajan Kumar Mahto S/o Panna Lal Mahto @ Panna Lal Mahato Resident of Village - Bijbani Bichala Tola, P.S. - Jitna, District - East Champaran ... ... Petitioner/s

Versus

The State of Bihar 2.

The Union of India through S.S.B. Motihari Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Madhurendra Kumar, Advocate For the State :

Mr.Rajesh Kumar, APP For the U.O.I.

Mr. Kumar Ravish, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 07-05-2025 Heard learned counsel for the petitioner and learned APP for the State as well as learned counsel for the Union of India through S.S.B.

2. In this present case, the petitioner seeks bail in connection with N.D.P.S. Case No. 122 of 2024 arising out of Jharokhar P.S. Case No. 12 of 2024 registered for the offences under Section 317(5) of the B.N.S and Section 8(b), 20(2)(c), 22 and 24 of the N.D.P.S. Act.

3. As per prosecution case, from the motorcycle being driven by the petitioner, recovery of 500 gram of charas (cannabis) was made.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been

Patna High Court CR. MISC. No.28006 of 2025(2) dt.07-05-2025 2/3 falsely implicated in this case. Motorcycle does not belong to this petitioner which is owned by one Pradeep Kumar. Petitioner was apprehended on suspicion. The alleged recovery is much below the commercial quantity. Petitioner is in custody since 27.09.2024 and charge-sheet has been submitted. Petitioner is 19 years old boy having no criminal antecedent.

5. Learned A.P.P. as well as learned counsel appearing on behalf of S.S.B. vehemently oppose the submission made on behalf of the petitioner. Learned counsel for the S.S.B. submits that the petitioner was caught red-handed with 500 gram of charas which is five times of the small quantity.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the age of the petitioner and also considering the clean antecedent of the petitioner along with his period of custody and submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Sessions Judge/Special Judge, East Champaran, Motihari/concerned court in connection with N.D.P.S. Case No. 122 of 2024 arising out of Jharokhar P.S. Case No. 12 of 2024, subject to the

Patna High Court CR. MISC. No.28006 of 2025(2) dt.07-05-2025 3/3 conditions mentioned in Section 480(3) of the B.N.S.S. and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T