Radhe Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30051 of 2015 Arising Out of PS.Case No. -112 Year- 2015 Thana -CHHATAPUR District- SUPAUL ====================================================== Radhe Mandal Son of Late Kishori Mandal, resident of village - Ramnagar, P.S. - Champa Nagar, District - Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amit Kumar Anand For the Opposite Party/s : Mr. Pronati Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-11-2015 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Sections 20 and 22 of the Narcotic Drug and Psychotropic Substance Act.

Allegation against the petitioner is that he along with another accused was carrying 6 Kg. Ganja on a motorcycle bearing no. BR-35C-0329.

It has been submitted on behalf of the petitioner that he has got no criminal antecedent. He is in custody since 29.5.2015. Chargesheet has been submitted in the present case. There is no allegation of tampering of evidence against the petitioner. As per prosecution case, 6 Kg. Ganja is said to have been recovered from the joint possession of the petitioner and the co-accused. The said quantity is much below the commercial quantity. From perusal of the seizure list it would appear that the same does not bear signature of this petitioner. Hence, the seizure list being not signed by the petitioner is contrary to the provisions of law.

Patna High Court Cr.Misc. No.30051 of 2015 (3) dt.05-11-2015 2 / 2 On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned District and Sessions Judge cum Special Judge, Supaul, in connection with Special Case No. 3 of 2015 arising out of Chhatapur P.S. Case no. 112 of 2015. (Sudhir Singh, J) sudip/- U T