Chetan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47650 of 2019 Arising Out of PS. Case No.-1 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== CHETAN MANDAL S/o Biltu Mandal Resident of Ajmalpatti, P.O.- Bhatauliya, Ward No.8, P.S.- Jaleshwar Distt. Mahotari (Nepal) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

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

For the Petitioner/s :

Mr.Vijay Kumar Sinha For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-09-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with N.C.B. Case No. C2-01/2019 for the offences punishable under Sections 8, 20(b)(ii) (c) and 23 of the NDPS Act, 1985. The allegation is regarding recovery of 16 Kg Ganja from the petitioner and co-accused Rajiv Kumar Mandal, who were apprehended along with two co-accused persons by the police. As far as the said two co-accused persons are concerned, 15 Kg of ganja was recovered.

The learned counsel for the petitioner submits that as far as the petitioner is concerned, he was apprehended along with co-accused Rajiv Kumar Mandal and upon search 15 Kg.

Patna High Court CR. MISC. No.47650 of 2019(4) dt.30-09-2019 2/2 Ganja was recovered which is much less than the commercial quantity defined under the schedule to the NDPS Act, 1985. It is further stated that the petitioner is having clean antecedent and is languishing in custody since 10.01.2019.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned District and Sessions Judge cum Special Judge, N.D.P.S. Act, Sitamarhi in connection with N.C.B. Case No. C2-01/2019. (Mohit Kumar Shah, J) Tiwary/- U T