Ajay Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39820 of 2019 Arising Out of PS. Case No.-1 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== AJAY KUMAR MANDAL S/o- Sri Suraj Mandal Resident of VillageAjmalpatti, P.O.- Majauliya, Ward No. 8, P.S.- Jaleshwar, District- Matotri (Nepal).

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

The Union of India through Narcotic Control Bureau, Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kumar Sinha, Adv For the Union of India :

Mr.Manoj Kumar Singh, Adv. (C.G.C.) ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 8,20(b)(ii)(c) and 23 of the N.D.P.S. Act, 1985.

Four person were apprehended by the authority of Narcotic Bureau and 31 Kg of Ganja was recovered. Two personal search memo were prepared. In one memo, it is stated that 15 Kg of Ganja was recovered from Ram Babu Mandal alongwith this petitioner and 16 Kg of Ganja was recovered from Chetan Mandal alongwith Rajiv Kumar Mandal. Learned counsel for the petitioner has doubted

Patna High Court CR. MISC. No.39820 of 2019(5) dt.26-09-2019 2/2 the veracity of search memo which should not have been drawn in the manner done by the authority. Personal search memo should be specific and speaking that from whose personal possession what quantity of Ganja was recovered. Since severe punishment is prescribed for commission of offences under the Act, the strict compliance of law is mandate of the Statute.

Considering the aforesaid infirmity, let the petitioner, above named, who has got no criminal antecedent, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with N.C.B. Case No.C2-01/2019, subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Nitesh/- U T