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Patna High CourtCR. MISC./46169/2023allowed

Manoj Kumar Mandal v. The State Of Bihar

2023-09-18Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46169 of 2023 Arising Out of PS. Case No.-130 Year-2023 Thana- PIRPAINTI District- Bhagalpur ====================================================== Manoj Kumar Mandal Son Of Ilchu Mandal Residence Of Village - Kishandaspur, P.S.- Buddhuchak, Distt.- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Swapnil Kumar Singh For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under Section 8(c) 22(c) of NDPS Act.

As per prosecution case, the petitioner along with co-accused persons was apprehended on the spot and from the possession of the petitioner total 171 gram brown sugar like substance was recovered.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner has no concern with the alleged recovery and seizure list has not been prepared as per provision of law. It

Patna High Court CR. MISC. No.46169 of 2023(4) dt.18-09-2023 2/2 is also submitted that recovered smack like substance is lesser than commercial quantity. It is further submitted that the petitioenr has got no criminal antecedent. Moreover, he is languishing in judicial custody since 25.04.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail after framing of charge, if not framed. The above named petitioner is directed to be released on bail in connection with Pirpainty P.S. Case No. 130 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court.

(Sunil Kumar Panwar, J) manishkumar/- U T