Shrawan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26863 of 2017 Arising Out of PS.Case No. -194 Year- 2017 Thana -GOGRI District- KHAGARIA ====================================================== Shrawan Mandal S/o Late Banarsi Mandal Resident of Village - Naval Kishor Tola, P.S. - Gogri, District - Khagaria. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar, Advocate For the Opposite Party/s : Mr. Md. Arif, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 10-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner seeks bail in connection with Special Case No. 03 of 2017, arising out of Gogri P.S. Case No. 194 of 2017 registered for the offence punishable under Sections 21 and 22 of the N.D.P.S. Act.

The prosecution case, as lodged by the police personnel, is that on a secret tip-off, the petitioner was apprehended while fleeing away and from his gumti 226 grams of ganja was recovered. Accordingly, a seizure-list was prepared.

It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.26863 of 2017 (2) dt.10-07-2017 2/3 petitioner that he is innocent, bears no criminal antecedent and that nothing has been recovered from his conscious possession. He submits that petitioner undertakes to cooperate with the investigation and will not tamper with the evidence or abscond. However, learned A.P.P. for the State submits that the petitioner was apprehended by the police and from his gumti recovery was made, hence, opposes the prayer for bail. Considering the facts and circumstances and the materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum- Special Judge, Khagaria in connection with Special Case No.

03 of 2017, arising out of Gogri P.S. Case No. 194 of 2017, subject to the condition that one of the bailors would be a close relative of the petitioner, who would file an affidavit stating his relation with the petitioner and that the said bailor must have sufficient immovable properties within the territorial jurisdiction of the concerned P.S.

Patna High Court Cr.Misc. No.26863 of 2017 (2) dt.10-07-2017 3/3 to appear before the learned Court below on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J.) Arjun/- U T