Gori Mandal @ Gauri Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51237 of 2021 Arising Out of PS. Case No.-387 Year-2021 Thana- SUPAUL District- Supaul ====================================================== GORI MANDAL @ GAURI MANDAL S/o- Late Sita Ram Mandal Resident of Village- Veena, Ward No. 6, P.S.- Supaul, District- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nafisuzzoha, Advocate.

For the Opposite Party/s :

Mr. Khurshid Anwar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 25-04-2022 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within two weeks of the complete start of the physical Court in normal course.

The petitioner seeks regular bail in connection with Supaul P.S. Case No. 387 of 2021 for the offence punishable under Sections 8/20(b)(ii)(B) N.D.P.S. Act.

Allegation is of recovery of 1 Kg. of ganja (Marijuana) from the possession of the petitioner while he was fleeing after seeing the raiding team and 1 Kg. of ganja was recovered from co-accused Manoj Kumar who was sitting in the vehicle bearing Registration No. DL3CBR4061.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.51237 of 2021(4) dt.25-04-2022 2/3 submits that the quantity which has been recovered from the possession of the petitioner is just small quantity. Petitioner has clean antecedent and is in custody since 26.05.2021. Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

Considering the aforementioned facts and circumstances of the case and period of custody undergone by the petitioner, without going into the merits of the case, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned District Judge, Supaul in connection with Supaul P.S. Case No. 387 of 2021, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

Patna High Court CR. MISC. No.51237 of 2021(4) dt.25-04-2022 3/3

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) mantreshwar/- U T