Kanhaiya Mahato @ Kanhaiya Raut v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46571 of 2025 Arising Out of PS. Case No.-46 Year-2025 Thana- MAINATAND District- West Champaran ====================================================== Kanhaiya Mahato @ Kanhaiya Raut S/o Late Brahmdev Mahato R/o Maiatand, PS - Mainatand, District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 30-07-2025 Heard Mr. Bimlesh Kumar Pandey, learned counsel for the petitioner and Mr. Bharat Bhushan, learned APP representing the State.
2. The petitioner is in custody in connection with Mainatand P.S. Case No. 46 of 2025 for the offence punishable under Sections 20(b)(ii)(A), 23(a), 29 of N.D.P.S. Act lodged on 11.03.2025 by the informant, Mantu Kumar.
3. As per the prosecution story, the informant has alleged that on secret information about the petitioner moving with Gaanja, was intercepted and there is recovery/seizure of 520 gm. Gaanja like substance. He further disclosed that the same has been taken from Rajmuddin Miyan whereafter, this place was raided and there is recovery/seizure of 7.5 Kg. Gaanja. This led to the F.I.R.
Patna High Court CR. MISC. No.46571 of 2025(2) dt.30-07-2025 2/3
4. Learned counsel for the petitioner submits that he has no criminal antecedent, in custody since 11.03.2025 and the recovery/seizure which still has not been verified is below the commercial quantity.
5. Learned APP opposes the prayer for bail submitting that upon search, recovery has been made.
6. Considering the submissions of the parties as also the period of custody and further he has no criminal antecedent, recovery is below commercial quantity, this Court is inclined to extend him the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Exclusive Special Judge (NDPS), Bettiah, West Champaran, in connection with Mainatand P.S. Case No. 46 of 2025 subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his
Patna High Court CR. MISC. No.46571 of 2025(2) dt.30-07-2025 3/3 bail bond by the Trial Court itself;
(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ankit Kumar/- U T