Patna High CourtCR. MISC./56255/2015bail granted

Mukesh Kumar Mandal v. The State Of Bihar

2016-01-07Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56255 of 2015 Arising Out of PS.Case No. -41 Year- 2015 Thana -KANGALI DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Mukesh Kumar Mandal son of Nepali Mandal Resident of Village Latipur, P.S. Kharik, District Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shivjee Singh, Advocate For the Opposite Party/s : Mr. Shailendra Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-01-2016 Heard learned counsel for the petitioner and the State.

Petitioner is languishing in custody since 06.08.2015 in a case registered for the offences punishable under Sections 20, 22, 23 of the Narcotics Drugs and Psychotropic Substances Act.

It is alleged that the petitioner and others were apprehended while trying to escape from the trolly of a tractor. 2 K.g 800 gm ganja were recovered from two persons namely Shyam Babu and Mukesh Kumar.

It is submitted by the learned counsel for the petitioner that recovery was made in the District of West Champaran, from trolly of the tractor, whereas petitioner is resident of Bhagalpur and simply travelling on trolly. Only

Patna High Court Cr.Misc. No.56255 of 2015 (3) dt.07-01-2016 on suspicion, accusation has been levelled against the petitioner. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent. Learned counsel for the State submits that F.I.R. and material collected during investigation do not clarifies how the one pocket of contraband has been recovered from two persons.

Considering the quantity of recovery, period under custody, investigation being already concluded and statement has been made in para-3 of the petition that petitioner has no criminal antecedent, let the above named petitioner, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum-Special Judge (N.D.P.S. Act), Bettiah, West Champaran in connection with N.D.P.S. Case No. 12 of 2015, arising out of Kangli P.S. Case No. 41 of 2015.

(Dinesh Kumar Singh, J) P.K./- U T