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Patna High Court/28842/2022bail granted

Mahesh Kumar v. The State Of Bihar

2023-01-17Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28842 of 2022 Arising Out of PS. Case No.-413 Year-2021 Thana- UDWANTNAGAR District- Bhojpur ====================================================== MAHESH KUMAR S/o Chandra Prakash Singh @ Chandra Prakash Mahto R/o Village- Masarh, P.S.- Udwantnagar, District- Bhojpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravindra Kumar For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 20(b)(ii)(c) and 29 of the NDPS Act.

As per the prosecution case, while one accused managed to escape, one of the accused was arrested on the spot and on search 25 kgs of ganja was recovered from his possession. The informant states that the accused who was arrested disclosed that it was the petitioner who had managed to escape.

It is submitted by learned counsel for the petitioner the petitioner has been falsely implicated in the case. There is no material against him except the statement of a co-accused

Patna High Court CR. MISC. No.28842 of 2022(5) dt.17-01-2023 2/2 made before police. Neither was he arrested at the spot nor any incriminating article recovered from his possession. He is in custody since 30.11.2021 and has no criminal antecedent. Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the petitioner not having been arrested on the spot, his being in custody for 1 year since 30.11.2021, not having any criminal antecedent and charge sheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Udwantnagar (Gajrajganj) P.S. Case no 413 of 2021 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 District and Sessions Judge, Bhojpur at Ara.

(Partha Sarthy, J) Prakash/- U