Satyanarayan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41591 of 2021 Arising Out of PS. Case No.-70 Year-2021 Thana- RANIGANJ District- Araria ====================================================== SATYANARAYAN MANDAL SON OF GAJANAND MANDAL Resident of Village - Pachira, P.S.- Raniganj, Distt.- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr.Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioner is apprehending his arrest in connection with Raniganj P.S. case No.70 of 2021 registered under Sections 15/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Prosecution case, in short, is that from 1.5 katha land of the petitioner, poppy straw is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.41591 of 2021(2) dt.21-12-2021 2/2 petitioner. The petitioner has falsely been implicated in the present case. It is alleged that from 1.5 katha land of the petitioner, poppy straw is said to have been recovered. Quantity of the poppy straw has not been indicated by the prosecution. Hence it cannot be ascertained that the recovered poppy straw is below the commercial quantity or the above commercial quantity. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, N.D.P.S. Act, Araria in connection with Raniganj P.S. case No.70 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Narendra/- (Sudhir Singh, J) U T