Patna High CourtCR. MISC./48998/2024bail granted

Vishal Kumar Mandal v. The State Of Bihar

2024-07-24Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48998 of 2024 Arising Out of PS. Case No.-75 Year-2024 Thana- JOGBANI District- Araria ====================================================== VISHAL KUMAR MANDAL SON OF LATE RAMSHOBIT MANDAL R/O- NETAJEE CHOWK, WARD NO. 11, P.S.- JOGBANI, DISTT.- ARARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Mandal, Adv For the Opposite Party/s :

Mr.Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Jogbani P.S. Case No. 75/2024 lodged on 10.04.2024 under Section 21(b), 22 of the N.D.P.S. Act.

3. As per the prosecution case, F.I.R. has been lodged against five named accused persons including the present petitioner from whom there is recovery of 30gm of Smack.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that the alleged recovery has not been made from the petitioner's possession rather it has been made in from of the house of the petitioner. Counsel further submits that the criminal

Patna High Court CR. MISC. No.48998 of 2024(2) dt.24-07-2024 2/2 antecedent of the petitioner is clean and the petitioner is in custody since 10.04.2024. Counsel for the petitioner submits that other co-accused persons have been granted bail vide order dated 20.07.2024 passed in Cr. Misc. No. 43660/2024 and vide order dated 28.05.2024 passed in Cr. Misc. No. 38623/2024.

5. Learned APP for the State opposes the prayer for bail and submits that the said quantity of NDPS is more than the smaller quantity but less than the commercial quantity.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named by granted bail three months after framing of charge and on furnishing bail bonds of Rs. 30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Court of Sessions Judge, NDPS, Araria, in connection with Jogbani P.S. Case No. 75/2024 subject to the condition laid down under Section 437(3) of the Cr.P.C.

(Dr. Anshuman, J) Sunnykr/- U