Patna High CourtCR. MISC./41060/2017bail granted

Udranand Mandal v. The State Of Bihar

2017-09-20Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41060 of 2017 Arising Out of PS.Case No. -19 Year- 2008 Thana -GOVERNMENT OFFICIAL COMP. DistrictARRARIA ====================================================== Udranand Mandal, Son of Jagdish Mandal, Resident of VillageNarayanpur, Police Station- Raniganj, District- Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajeeva Roy, Advocate Mr. Rajendra Prasad Sah, Advocate For the Opposite Party/s : Mr. S. Dayal, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-09-2017 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 14.06.2017 in connection with N.D.P.S. Special Case No.19 of 2008 for allegedly having committed the offence under Sections 18 and 8 B of the N.D.P.S. Act.

Learned counsel for the petitioner submits that though this case was filed by the authorities way back in the year 2008, cognizance of the offence has been taken only in the year 2016. He submits that neither in the main report filed by the authorities, plot number indicated by the prosecution so as to establish that the land in question over which poppy was

Patna High Court Cr.Misc. No.41060 of 2017 (2) dt.20-09-2017 2/2 allegedly being cultivated belonged to the petitioner nor there is anything available in the cognizance order indicating that the plants so seized were found to be poppy, as alleged in the F.I.R. He thus submits that no case is made out against the present petitioner and he has been in custody on the basis of the cognizance order.

Having considered the facts and circumstances and finding the allegation against the petitioner being based on mere conjecture and surmise, the petitioner, above named, is directed to be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-Cum-Special Judge, Araria, in connection with N.D.P.S. Special Case No.19 of 2008.

(Anjana Mishra, J) PNM U T