Deepak Mandal @ Deepak Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41689 of 2022 Arising Out of PS. Case No.-112 Year-2022 Thana- GAMAHARIYA District- Madhepura ====================================================== 1.

Deepak Mandal @ Deepak Kumar Mandal Son Of Sanjay Mandal Resident Of Village- Jaluwar, P.S- Gamharia, Dist.- Madhepura 2.

Raju Kumar Son Of Sanjay Mandal Resident Of Village- Jaluwar, P.SGamharia, Dist.- Madhepura 3.

Sanjay Mandal Son Of Sri Singheshwar Mandal Resident Of VillageJaluwar, P.S- Gamharia, Dist.- Madhepura 4.

Shanichari Devi @ Shanti Devi Wife Of Sanjay Mandal Resident Of Village- Jaluwar, P.S- Gamharia, Dist.- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anant Kumar 1 For the Opposite Party/s :

Mr. Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for grant of regular bail in connection with Gamhariya P.S. Case No. 112 of 2022 registered under Section 20 of N.D.P.S. Act.

Prosecution case relates to recovery of leaves of Ganja plant which was found 3kg raw leaves and estimated about 500 grams after dried.

Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. It is further submitted that they have falsely been implicated in this present case due to village rivalry. A statement has been made in

Patna High Court CR. MISC. No.41689 of 2022(3) dt.04-01-2023 2/2 para-3 of the petition that the petitioners have got no criminal antecedent. It is further submitted that from para 10 of the petition that the petitioners along with their family members lived in Delhi (West) L-234, J.J. Colony, Raghubvar Nagar, which is evident from their AADHAR CARD and they came to their village house in performing marriage ceremony in the meantime, their neighbours implicated in this case due to previous enmity. Petitioners are languishing in judicial custody since 15.06.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties, the Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Gamhariya P.S. Case No. 112 of 2022 on each of them furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum-Special Judge, N.D.P.S. Act, Madhepura. (Sunil Kumar Panwar, J) shubham/ U T