Jay Prakash Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63924 of 2024 Arising Out of PS. Case No.-10 Year-2024 Thana- Bharatkhand District- Khagaria ====================================================== Jay Prakash Mandal Son of Late Chhedi Mandal Resident of Village - Kolwara, Police Station - Parbatta (Maraiya O.P.), District - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kumari Rashmi, Advocate For the Opposite Party/s :

Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 11-09-2024 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner seeks bail in connection with Special Case (N.D.P.S.) No. 10 of 2024 arising out of Bharatkhand P.S. Case No. 10 of 2024 registered for the offences under Sections 8, 20(B)(ii)(B) and 22(b) of the NDPS Act.

3. The petitioner is named in the F.I.R. and is in custody since 31.03.2024.

4. The allegation against the petitioner is to have in possession of 1.860 kilograms of contraband

Patna High Court CR. MISC. No.63924 of 2024(2) dt.11-09-2024 2/3 i.e., ganja.

5. Learned counsel appearing on behalf of the petitioner submitted that petitioner has been falsely implicated with the present case, where compliance of Section 50 of the NDPS Act regarding search upon persons not appears to be followed in the present case. It is further submitted that recovered quantity of contraband is less than commercial quantity, as such rigorous provisions of Section 37 of the NDPS Act not appears to be applicable in the present case. While concluding the argument it is submitted that petitioner found involved in one more case of similar nature, where he is on bail and moreover investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

6. Learned APP appearing on behalf of the State, opposes the prayer for bail.

7. In view of aforesaid facts and circumstances

Patna High Court CR. MISC. No.63924 of 2024(2) dt.11-09-2024 3/3 as mentioned above and by taking note of fact as recovered quantity of contraband is less than commercial quantity, coupled with the fact as petitioner is in custody since 31.03.2024, where charge-sheet has already submitted, accordingly, petitioner, above named, is directed to be released on bail in connection with Special Case (N.D.P.S.) No. 10 of 2024 arising out of Bharatkhand P.S. Case No. 10 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. V, Khagaria/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C./Section 480(3) of the BNSS.

(Chandra Shekhar Jha, J.) S.Tripathi/- U T