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Patna High CourtCR. MISC./61736/2024allowed

Manoj Mahto v. The State Of Bihar

2025-02-05Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61736 of 2024 Arising Out of PS. Case No.-202 Year-2024 Thana- MAHUA District- Vaishali ====================================================== Manoj Mahto Son of Late Suresh Mahto R/o Sadapur Mahua (Patel Chowk ), P.S.- Mahua, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-02-2025 Heard learned counsel for the petitioner and Mr. Dr. Mrityunjaya Kumar Gautam, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 8(c)/21(b) of the NDPS Act. The chargesheet bearing C.S. No. 480/24 dated 07/06/2024 has been submitted under Sections 8(c)/21(b) of the NDPS Act.

3. The case of the prosecution is that from the possession of the petitioner, altogether 40 capsules like smack was recovered which is equal to 16 grams.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has got no criminal antecedent. It is also submitted that the contraband which has

Patna High Court CR. MISC. No.61736 of 2024(6) dt.05-02-2025 2/2 been recovered from the possession of petitioner is of more than small quantity but is much less than commercial quantity. It is further submitted that the petitioner is languishing in judicial custody since 13.04.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mahua P.S. Case No. 202 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-Icum-Special Judge, NDPS, Vaishali at Hajipur. (Ashok Kumar Pandey, J) Sudhanshu/- U T