Mangal Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44722 of 2023 Arising Out of PS. Case No.-293 Year-2022 Thana- BYPASS District- Patna ====================================================== Mangal Singh, Son of Jay Ram Singh @ Jairam Singh, Resident of village - Ranipur Khirki, Nimtal @ Neemtal, P.S. - Mehandiganj, Distt. - Patna ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The Union of India through Narcotics Control Bureau, Government of India ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Shanker Pankaj, Adv.
For the Opposite Party/s :
Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 26-07-2023 Heard learned counsel for the petitioner and the learned APP for the State.
2. Petitioner seeks regular bail in connection with Special Case No. 150 of 2022 corresponding to N.D.P.S. Case No. 152/2022 arising out of Bypass P.S. Case No. 293 of 2022 dated 20.07.2022 registered for the offences punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act and Sections 20 and 22 of the N.D.P.S. Act.
3. The main submissions advanced by learned counsel for the petitioner are that the petitioner has fair and clean antecedent and has been languishing in jail since 21.07.2022 and against him the investigation has been
Patna High Court CR. MISC. No.44722 of 2023(2) dt.26-07-2023 2/3 completed and the instant matter relates to the recovery of two live cartridges and 2.68 mg of smack like substance kept in six pudias from the possession of this petitioner and the alleged said contraband comes in the purview of small quantity and the alleged cartridges were recovered without any pistol and the petitioner's trial has started and while searching and seizing the alleged contraband, the mandatory provisions of the N.D.P.S. Act were not followed by the police party and similarly situated two co-accused persons namely Roshan Kumar @ Kallu and Chhotu Alam @ Apesal Alam have been granted bail by Different co-ordinate Benches of this Court vide orders passed in Cr. Misc. Nos. 18279/2023 and 75381/2022 respectively.
4. Learned APP appearing for the State has opposed the bail prayer.
5. Considering the facts and circumstances of this case and taking into account the above submissions and mainly the completion of the investigation against the petitioner, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.44722 of 2023(2) dt.26-07-2023 3/3 satisfaction of the Court concerned in connection with Special Case No. 150 of 2022 corresponding to N.D.P.S. Case No. 152/2022 arising out of Bypass P.S. Case No. 293 of 2022.
(Shailendra Singh, J) annu/- U T