Ram Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47761 of 2017 Arising Out of PS.Case No. -19 Year- 2017 Thana -LAUKHA District- MADHUBANI ======================================================

1. Ram Kumar Mandal, Son of Jogi Mandal, Resident of Village- Sinuriya, P.S. Maheshwari, District- Sirha (Nepal).

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate For the Opposite Party/s : Mr. Anuj Kumar Srivastava, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 12-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

The Petitioner seeks regular bail in connection with Laukaha P.S. Case No. 19 of 2017 for offences alleged under Sections 20(b) (ii) (c) of the NDPS Act.

The prosecution case, as lodged by the police personnel, is that on information the police apprehended the petitioner. On search 3.2 kgs of ganja was recovered from the petitioner. Accordingly, seizure list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case. He submits that charge-sheet has already been submitted and there is no allegation

Patna High Court Cr.Misc. No.47761 of 2017 (2) dt.12-10-2017 2/3 of tampering of the witnesses by the petitioner and he is languishing in judicial custody since 03.02.2017. However, learned APP for the State opposes the prayer for bail stating therein that ganja was recovered from the possession of the petitioner.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Ist Addl. Sessions Judge-cum-Special Judge, Madhubani, in connection with Laukaha P.S. Case No. 19 of 2017, subject to the following conditions1. One of the bailors would be a close relative of the petitioner having sufficient immovable property within the jurisdiction of the concerned police station, who will file an affidavit stating his relationship with the petitioner

2. Petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

3. It is also made clear that if the petitioner indulges in any offence of similar nature in future, the prosecution will be at

Patna High Court Cr.Misc. No.47761 of 2017 (2) dt.12-10-2017 3/3 liberty to move the court below for cancellation of his bail bonds. (Nilu Agrawal, J) khushbu/- U T