Patna High CourtCR. MISC./55276/2024bail granted

Phool Chand Mandal @ Phul Chand Mandal v. The State Of Bihar

2024-08-14Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55276 of 2024 Arising Out of PS. Case No.-87 Year-2024 Thana- RUPAULI District- Purnia ====================================================== Phool Chand Mandal @ Phul Chand Mandal S/o Jamun Mandal R/o vill - Aajho Kopa, P.S. - Rupauli, Distt. - Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajit Kumar Singh, Advocate For the Opposite Party/s :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Rupauli PS Case No. 87 of 2024 instituted for the offences under Sections 8, 20(B)(ii)(A) of the NDPS Act.

3. Prosecution allegation, in short, is that there is recovery of 525 grams ganja from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner further submits petitioner has no concern with the recovered contraband. The recovered contraband is below the

Patna High Court CR. MISC. No.55276 of 2024(2) dt.14-08-2024 2/2 commercial quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. The petitioner is in custody since 04-06-2024 and has got no criminal antecedent. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the 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 Court below/concerned Court in connection with Rupauli PS Case No. 87 of 2024. (Rudra Prakash Mishra, J) Raj Kishore/- U T