Sanjay Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65248 of 2021 Arising Out of PS. Case No.-219 Year-2021 Thana- SONBERSA District- Sitamarhi ====================================================== SANJAY MAHTO S/o Late Ramdeo Mahto R/o village- Phulparasi, P.S.- Sahiyara, District- Sitamarhi ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kamala Kant Tiwary, Adv.

For the Opposite Party/s :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-04-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 8(c), 20(b)(ii) (C), 27(A) and 29 of the N.D.P.S. Act and sections 25(1-B)(a), 26 and 35 of the Arms Act.

As per the prosecution case, on a raid being conducted, it is stated that 13.5 kgs of ganja and 180 gms of charas like substance was recovered from the house of Chhotu Mahto while codeine syrup etc. was recovered from the possession of the petitioner and others.

It is submitted by learned counsel for the petitioner that from perusal of the F.I.R. together with the seizure list enclosed with the same, it would transpire that so far as the allegation against the petitioner is concerned, it is of recovery of

Patna High Court CR. MISC. No.65248 of 2021(2) dt.21-04-2022 2/2 246 bottles of 100 ml. each of cough syrup containing codeine. It is submitted that the petitioner has a medicine shop situated in the house where the alleged recovery is said to have been made. No incriminating article has been recovered from the petitioner's possession or from the shop of the petitioner who is in custody since 7.8.2021 and has no criminal antecedent. Chargesheet has been submitted in the case.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R., the contents of the seizure list, the petitioner having remained in custody for more than 8 months and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Sonbarsa P.S. Case no.219 of 2021 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Sitamarhi. (Partha Sarthy, J) Saurabh/- U T