Ganesh Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41258 of 2021 Arising Out of PS. Case No.-20 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Begusarai ====================================================== ASHOK CHOUDHARY @ ASHOK KUMAR CHOUDHARY, aged about 28 years, male, Son of Bishwanath Choudhary Resident of VillageRaghunathpur, P.S.- Tajpur, District- Samastipur. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The Union of India through Narcotics Control Bureau, Patna, Zonal Unit, Patna. Patna.
... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 44381 of 2021 Arising Out of PS. Case No.-20 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Begusarai ====================================================== GANESH MAHTO, aged about 43 years, male, Son of Late Jamuna Mahto Resident of Village - Nauranpur P.S. Mahnar, District - Vaishali. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The Union of India through NCb, Patna Zonal Unit, Patna. Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 41258 of 2021) For the Petitioner/s :
Mr. Ramakant Sharma, Sr. Advocate, Mr.Ashok Kumar Mishra, Advocate For the Opposite Party/s :
Mr.Madhura Nand Jha, APP For the UOI :
Mr. Manoj Kumar Singh CGC (In CRIMINAL MISCELLANEOUS No. 44381 of 2021) For the Petitioner/s :
Mr. Ramakant Sharma, Sr. Advocate, Mr.Ashok Kumar Mishra, Advocate For the Opposite Party/s :
Mr.Madhura Nand Jha, APP For the UOI :
Mr. Manoj Kumar Singh CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-10-2021 Heard learned Sr. counsel for the petitioners, learned counsel for the State and learned counsel for the Union
Patna High Court CR. MISC. No.41258 of 2021(4) dt.27-10-2021 2/3 of India.
Petitioners seek bail in a case registered for the offence punishable under Sections 8/20/29 of N.D.P.S. Act. Earlier also, petitioners had moved this Court for grant of regular bail which was rejected with direction to the trial court to expedite the trial.
Allegation is recovery of 517 kg. of Ganja from Tata 407 which was being escorted by a Xylo vehicle in which four persons including petitioners were sitting, however, no recovery was made from said Xylo vehicle.
It has been submitted on behalf of the petitioners that they are innocent and have falsely been implicated in this case. It is further contended that similarly placed co-accused with similar allegation Ram Sevak Rai has already been granted bail by a co-ordinate Bench of this Court vide order dated 23.06.2021 passed in Cr. Misc. No.31768 of 2020. Petitioners have no criminal antecedent and they are in custody since 13.04.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 50,000/- each with two sureties of the like amount each to the satisfaction of learned court
Patna High Court CR. MISC. No.41258 of 2021(4) dt.27-10-2021 3/3 below where the case is pending in connection with N.D.P.S. Case No. 6 of 2018 arising out of NCB/PZU/ Cr. No. 20 of 2018, with following conditions:-
(1) Both the bailors shall be the resident of territorial jurisdiction of the learned court-below.
(2) The petitioners shall fully cooperate with the investigation / trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(3) The petitioners shall not leave the country without permission of the trial court.
(S. Kumar, J) Sanjay/- U T