Dharam Mandal @ Dharmdev Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67483 of 2023 Arising Out of PS. Case No.-40 Year-2023 Thana- KOTWALI District- Munger ====================================================== Dharam Mandal @ Dharmdev Mandal S/O Late Mehta Mandal R/O Mohalla - Sitakund Dih, P.S. - Mufassil, Distt. - Munger. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Syed Masleh Uddin Ashraf For the Opposite Party/s :
Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-10-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 8/20 (b)(ii)(B), 25 and 29 of the N.D.P.S. Act.
3. As per prosecution case, on secret information received, police party started checking the vehicle and on search there has been recovery of 3.159 Kg Ganja from the possession of the other co-accused persons.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner was not apprehended on spot. The name of the petitioner has come into light, on the basis of confessional statements of co-accused, who apprehended on
Patna High Court CR. MISC. No.67483 of 2023(2) dt.31-10-2023 2/2 spot, which has got no evidentiary value in the eyes of law. No incriminating article has been recovered from the conscious possession of the petitioner. He further submitted that petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 05.05.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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 Sessions Judge, Munger in connection with Kotwali P.S. Case No. 40 of 2023. (Sunil Kumar Panwar, J) Arish/- U T