Patna High CourtCR. MISC./48061/2023bail granted

Chandeshwar Mahto v. The State Of Bihar

2023-08-16Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48061 of 2023 Arising Out of PS. Case No.-157 Year-2023 Thana- CHHAURADANO District- East Champaran ====================================================== Chandeshwar Mahto Son Of Yogendra Mahto @ Yogendra Prasad Resident Of Village- Sarsaula Ward No. 6, Ps- Lakhaura, Distt- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prateek Tandon For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with N.D.P.S Case (Pre-trial) arising out of Chhauradano P.S. Case No. 157 of 2023 dated 24.05.2023 registered for the offences punishable u/s 20(B)(ii) (b) of the N.D.P.S Act.

4. As per the prosecution case, 6 kg ganja was recovered from the possession of the petitioner.

5. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.48061 of 2023(3) dt.16-08-2023 2/2 that the petitioner is innocent and has falsely been implicated in this case. The seized contraband is less than commercial quantity. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 25.05.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Motihari, East Champaran in connection with N.D.P.S Case (Pre-trial) arising out of Chhauradano P.S. Case No. 157 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T