Lalbabu Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40261 of 2024 Arising Out of PS. Case No.-11 Year-2022 Thana- CHHAURADANO District- East Champaran ====================================================== Lalbabu Mahato S/o- Sudama Mahato @ Sudama Mahto Village- Bhatwaliya Ps- Sangrampur Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-08-2024 Heard learned counsel for the petitioner and learned APP for the state.

The instant application is renewed by the petitioner for regular bail which has been filed in connection with Chhauradano (Mahuawa) P.S. Case No. 11 of 2022 instituted for the offence u/s 20(b)(II)(c), 23(c) of the NDPS Act.

Earlier the application for regular bail of the petitioner was rejected by order dated 02.08.2023 passed in Cr. Misc. No. 63108 of 2022 with an observation to learned trial court to expedite the trial and conclude the same as early as possible.

Patna High Court CR. MISC. No.40261 of 2024(4) dt.02-08-2024 2/3 As per allegation in the F.I.R., 160 kg of Ganja like narcotics substance has been recovered in 11 packets, out of which 2 packets were recovered from the possession of petitioner and co-accused Ravi Ranjan Kumar and 9 packets were recovered from the field. Learned counsel for the petitioner submits that from the prosecution case, it is evident that two persons (petitioner and co-accused Ravi Ranjan Kumar) have been apprehended with two bags containing Ganza like substance, weighing about 14 kg Ganza each. It is further submitted that contraband which is recovered from the possession of the petitioner is lesser than commercial quantity as per N.D.P.S. Act. Moreover, the petitioner is languishing in judicial custody since 13.01.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. From perusal of the trial court report (kept at flag R), it appears that pending at the stage of prosecution evidence. Not a single prosecution witness

Patna High Court CR. MISC. No.40261 of 2024(4) dt.02-08-2024 3/3 has been turned up before this Court to depose. It will take at least six months to conclude the case. Learned A.P.P. appearing on behalf of the State vehemently opposed the prayer of bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail, in connection with Chhauradano (Mahuawa) P.S. Case No. 11 of 2022 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 Additional Sessions Judge XII, Motihari, East Champaran.

(Sunil Kumar Panwar, J) Nirajkrs/- U T