Rajeshwar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47967 of 2019 Arising Out of PS. Case No.-8 Year-2019 Thana- EAST CHAMPARAN GRP CASE DistrictEast Champaran ====================================================== 1.

RAJESHWAR MAHTO, S/o Kapildeo Mahto 2.

Tapesh Manjhi, S/o Nathuni Manjhi, Both R/o Village - Jaisinghpur, Chutahi Bishanpur Balhi, P.S. - Turkaulia, District - East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

The Union of India India ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shiva Shankar Sharma, Advocate For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 02-08-2019 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in a case registered for the offences punishable under Sections 20, 21 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985. Allegation is that 200 grams of Ganja was recovered from possession of petitioner no. 1 Rajeshwar Mahto and 750 grams of Ganja was recovered from possession of petitioner no. 2 Tapesh Manjhi.

Submission is that co-accused Chunnu Kumar Tiwary, from whose possession 350 grams of Ganja was recovered, was allowed bail by this Court considering the fact that Chunnu

Patna High Court CR. MISC. No.47967 of 2019(2) dt.02-08-2019 2/2 Kumar Tiwary had no criminal antecedent and recovered quantity was not a commercial quantity. Petitioners have also got no criminal antecedent and recovery from possession of the petitioners also was not of commercial quantity. Submission is that investigation of the case against the petitioners is already complete.

Considering the aforesaid facts, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with N.D.P.S. Case No. 16 of 2019 arising out of Raxaul Rail Police Station Case No. 08 of 2019, subject to the following conditions:- (a) The petitioners shall fully cooperate with the trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioners. (b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.

(Birendra Kumar, J) Kundan/- U T