Mukesh Kumar Mandal @ Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59830 of 2022 Arising Out of PS. Case No.-287 Year-2021 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== MUKESH KUMAR MANDAL @ MUKESH KUMAR SON OF LATE UPENDRA MANDAL R/O VILLAGE- RAGHUNATHPUR, WARD NO.15, P.S.- BASNAHI, DISTRICT- SAHARSA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Singh For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence registered in connection with NDPS Case No. 24 of 2021 arising out of Udakishunganj P.S. Case No. 287 of 2021 under Section 21(c) of NDPS Act.

Prosecution case relates to recovery of 19.8 litres of wiscof syrup from a motorcycle and two accused persons managed to escape after seeing the police party. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. He has no concern with the alleged recovery. He has given his motorcycle to one of

Patna High Court CR. MISC. No.59830 of 2022(2) dt.03-02-2023 2/2 his co-villager namely, Mithilish Kumar for bringing medicine of his mother. During vehicle checking accused Mithilesh Kumar left the motorcycle and fled away. Only because of ownership of the alleged motorcycle, his name has been surfaced in the present case. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. He is languishing in judicial custody since 12.08.2022.

Learned APP appearing for the State has opposed the prayer of Bail.

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 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 ADJIII-cum- Special Judge, NDPS, Madhepura in connection with Udakishunganj P.S. Case No. 287 of 2021.

(Sunil Kumar Panwar, J) subham/- U