Sanjay Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41506 of 2025 Arising Out of PS. Case No.-115 Year-2024 Thana- Pothia District- Katihar ====================================================== Sanjay Mandal, aged about 35 years, Male, son of Late Rasik Lal Mandal, resident of Village- Nawabganj Darmaha Tola, P.S.- Kursela, Dist.- Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr .Satyendra Prasad Singh, Advocate For the Opposite Party/s :
Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 09-07-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends arrest in connection with NDPS Case No.83 of 2024 arising out of Pothia PS Case No.115 of 2024 dated 15.11.2024, instituted under Sections 20/22 of the Narcotic Drugs and Psychotropic Substances Act.
3. The prosecution case, in brief, is that on the alleged date of occurrence the informant, who was on duty along with other police personnel, got secret information about transportation of Ganja from a white Scorpio. He reached at Bakhri More and saw one white coloured Scorpio coming upon which he signaled to stop it, the driver of the vehicle tried to flee away but was caught who disclosed his name as Ranjit Kumar Mahto. On search, total 108.220 Kg., one Nokia mobile phone and one Vivo mobile phone were recovered from the Scorpio.
Patna High Court CR. MISC. No.41506 of 2025(2) dt.09-07-2025 2/2
4. Learned counsel for the petitioner submits that the petitioner is not named in the FIR. Nothing has been recovered either from conscious possession or from the house of the petitioner. Further submission is that the petitioner is neither the driver nor the owner of the Scorpio. Petitioner has been implicated on the basis of confessional statement of the accused, who was apprehended at the spot. Lastly, it is submitted that the petitioner has no criminal antecedents.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Katihar, in NDPS Case No.83 of 2024 arising out of Pothia PS Case No.115 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
7. The application stands allowed.
(Khatim Reza, J) J. Alam/- U T