Gaurav Kumar Madal @ Gaurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49360 of 2023 Arising Out of PS. Case No.-144 Year-2023 Thana- SIKTI District- Araria ====================================================== Gaurav Kumar Mandal @ Gaurav Kumar Son of Sri Mayanand Mandal Resident of Village- Bhaptiya, Ward No. 11, Uttar Tola, Ps- Sikti, DisttAraria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Choubey,Advocate For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-08-2023 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 Sikty P.S Case No. 144 of 2023 dated 13.05.2023 registered for the offence punishable u/s 21 (b) of N.D.P.S Act.

4. As per the prosecution case, total Rs. 1,24,000/- of Nepali Currency was recovered from the possession of the petitioner and 30 gm smack was recovered from the possession of the co-accused Chitra Kumar Rapal.

Patna High Court CR. MISC. No.49360 of 2023(2) dt.17-08-2023 2/2

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner. The recovery of the seized contraband was made from the possession of the coaccused which 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 14.05.2023.

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, Araria, in connection with Sikty P.S. Case No. 144 of 2023.

8. The application stands allowed.

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