Shiv Shankar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65301 of 2024 Arising Out of PS. Case No.-854 Year-2024 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Shiv Shankar Mahto S/O Late Raj Kishor Mahto R/O Village- Shahbwjpur, Ps- Ahiyapur, District- Muzaffarpur ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ganesh Prasad Singh For the Opposite Party :

Mr. Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-09-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Ahiyapur P.S. Case No.854/2024 dated 26.06.2024 registered for the offence punishable u/s 8(c) and 21(b) of the N.D.P.S. Act.

3. As per the prosecution case, total 6.25 grams smack like substance was recovered from the bedroom kept beneath the pillow of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The seized contraband is less than

Patna High Court CR. MISC. No.65301 of 2024(2) dt.30-09-2024 2/2 commercial quantity. The petitioner has one antecedent on which he has been acquitted as stated in para 3 of the bail petition. The petitioner is in custody since 27.06.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Muzaffarpur in connection with Ahiyapur P.S. Case No.854/2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T