Mithlesh Kumar @ Mithilesh Kumar Sah @ Mithilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40269 of 2022 Arising Out of PS. Case No.-41 Year-2022 Thana- SULTANGANJ District- Bhagalpur ====================================================== Mithlesh Kumar @ Mithilesh Kumar Sah @ Mithilesh Kumar Son Of Govind Prasad Sah Resident Of Village - Naua Gadhi, P.S.- Muffasil, Distt.- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Kamal Nayan For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with Sultanganj P.S. Case No. 41 of 2022 registered for the offence under Sections 20/22 of N.D.P.S. Act.

The allegation against the petitioner is to have in possession of contraband/narcotics total weight of 21 Kg along with other co-accused persons.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. It is further submitted vide para 21 of the petition that the petitioner is brother-in-law of co-accused Diwakar Mandol and his house is situated near the house of main accused Akash Mandol due to which he has been made accused in this present case. It appears

Patna High Court CR. MISC. No.40269 of 2022(3) dt.04-01-2023 2/2 from the seizure list that alleged recovery of contraband/ narcotics was made from the house of co-accused Akash Mandol, which is not connected in any manner with this petitioner. Petitioner has got no criminal antecedent. Similarly situated co-accused namely, Diwakar Mandol has already been granted bail by a co-ordinate bench of this court vide order dated 21.12.2022 in in Cr. Misc. No. 41205 of 2022. The petitioner is languishing in judicial custody since 17.2.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sultanganj P.S. Case No. 41 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Additional Sessions Judgecum-Special Judge (SC/ST Act) Bhagalpur. (Sunil Kumar Panwar, J) amandeep/- U T