Anil Kumar @ Anil Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55033 of 2023 Arising Out of PS. Case No.-148 Year-2023 Thana- GAIGHAT District- Muzaffarpur ====================================================== Raji Ahmd @ Rji Ahamad Son Of Jakir Hasan @ Md. Jakir @ Jakir Husain @ Jakir Husen Village- Bara Tola Sahar Ps- Saharghat Dist- Madhubani ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 55186 of 2023 Arising Out of PS. Case No.-148 Year-2023 Thana- GAIGHAT District- Muzaffarpur ====================================================== 1.

Anil Kumar @ Anil Mandal S/O- Sanjeev Mandal Village- Sonai PsKhirhar Dist- Madhubani 2.

Ramanand Shukl @ Ramanand Shukla Son Of Mithilesh Shukla @ Mithilesh Shukl Village- Sonai Ps- Khirhar Dist- Madhubani ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 55033 of 2023) For the Petitioner/s :

Mr.Jagjit Roshan For the Opposite Party/s :

Mr.Atul Chandra (In CRIMINAL MISCELLANEOUS No. 55186 of 2023) For the Petitioner/s :

Mr.Jagjit Roshan For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-08-2023 Heard learned counsel for the petitioners and learned APP for the State.

Patna High Court CR. MISC. No.55033 of 2023(2) dt.29-08-2023 2/3 The petitioners have prayed for grant of bail in connection with Gaighat(Benibad O.P.) P.S. Case No. 148 of 2023 registered under sections 8, 20(b)(ii)(B) of the NDPS Act.

Prosecution case relates to recovery of five kilograms of ganja like narcotics substance from the dickey of the vehicle on which petitioners were boarded. Learned counsel for the petitioners submits that the petitioner are innocent and have committed no offence. They have falsely been implicated in this case. It is further submitted that they have no concern with the alleged recovery of ganja like substance and the recovered ganja does not come within the purview of commercial quantity as per NDPS Act. It is also submitted that petitioners have got no criminal antecedent as mentioned in the para-3 of these petitions. Moreover, they are languishing in judicial custody since 10.04.2023 The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of this case as well as the custody of the petitioners, the Court is inclined to enlarge

Patna High Court CR. MISC. No.55033 of 2023(2) dt.29-08-2023 3/3 the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Gaighat (Benibad O.P) P.S. Case No. 148 of 2023 on each of them furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned 11th Additional Sessions Judge, Muzaffarpur. (Sunil Kumar Panwar, J) shubham/- U T