Mahangu Mandal @ Mahgu Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62859 of 2024 Arising Out of PS. Case No.-18 Year-2024 Thana- KUWARI District- Araria ====================================================== Mahangu Mandal @ Mahgu Mandal Son of Late Ramanand Mandal R/O Vill.- Dabhara Khadi Tola, Ward no. 09, P.S.- Tarabari, Dist.- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Rana, Adv.

For the Opposite Party/s :

Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-11-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Kuwari P.S. Case No. 18 of 2024 dated 14.05.2024 registered for the offences punishable under Sections 8, 20(b)(ii)(C), 22(c), 25 of the N.D.P.S. Act.

3. As per the prosecution case, total 78 kg ganja was recovered from the house of the co-accused Vinod Tatma. On the instance of the co-accused, Santosh Mandal total 41.200 kg ganja was recovered from the maize crops field.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the possession of the petitioner. Learned counsel for the petitioner has submitted that the petitioner is working as a labourer at the place of occurrence and he has been made accused in this case on mere suspicion. The

Patna High Court CR. MISC. No.62859 of 2024(3) dt.13-11-2024 2/2 petitioner has no concern with the alleged occurrence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 15.05.2024. The prayer of regular bail of the co-accused person has already been rejected by this Court vide order dated 11.09.2024 passed in Cr. Misc. No. 62026 of 2024.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions-cumSpecial Judge, NDPS Act, Araria in connection with Kuwari P.S. Case No. 18 of 2024, with the condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Shivam/- U T