Subhash Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37134 of 2023 Arising Out of PS. Case No.-305 Year-2022 Thana- RANIGANJ District- Araria ====================================================== SUBHASH MANDAL S/O YOGENDRA MANDAL R/O at Kalawati Nagar Ward No. 8 PS Raniganj Dist. Araria (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. S.D. Sanjay, Sr. Advocate Mr.Praveen Kumar Agrawal For the Opposite Party/s :

Mr.Brajendra Nath Pandey Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 21-07-2023 Heard learned Senior Counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is in custody since 30.08.2022 in connection with Raniganj P.S. Case No. 305 of 2022 Special (NDPS Act) Case No. 27 of 2022 registered for the offence punishable under Sections 20/22 of the Narcotics Drugs and Psychotropic Substances Act.

As per the prosecution case, there is recovery of 45 Kg 800 Gm. of Ganja from the house of the petitioner. Learned Senior Counsel for the petitioner has submitted that he may be granted bail because there is no FSL (Forensic Science Laboratory) report that the seized article is Ganja.

In view of the above, this application is disposed of

Patna High Court CR. MISC. No.37134 of 2023(2) dt.21-07-2023 2/2 with liberty to the petitioner to renew his prayer for bail in this Court after the seized article is not found to be Ganja. If the seized article is found to be Ganja, the petitioner will co-operate in the trial.

The State will make all endeavour to get the FSL report within a month failing which the I.G., Prosecution, will appear in person in court.

Let a copy of the order be communicated to the D.G.P., Bihar through FAX and e-mail forthwith.

(Sandeep Kumar, J) Saif/- U T