Mantosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62310 of 2025 Arising Out of PS. Case No.-222 Year-2024 Thana- KURSAILA District- Katihar ====================================================== Mantosh Kumar, son of late Jai Hind Sahni, resident of Tinghariya, PSKursela, District - Katihar ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sanjeev Kumar Singh, Advocate For the State :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 10-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Kursela P.S. Case No.222 of 2024 registered for the offence under sections 8(c), 21(b) and 21(c) of the NDPS Act. 3.

It has been submitted by learned counsel for the petitioner that this Court vide order dated 01.05.2025 passed in Criminal Miscellaneous No.25121 of 2025 has granted bail to the petitioner in the same F.I.R.. It has also been submitted that the petitioner had instructed the learned counsel for the petitioner that he has clean antecedent and therefore, upon such instructions, in the bail petition, a statement to that effect was made. Therefore, while granting bail to the petitioner, this Court has directed the court below that the bail bonds of the petitioner shall only be accepted if it is found that he has clean antecedent.

Patna High Court CR. MISC. No.62310 of 2025(2) dt.10-10-2025 2/3 However, the court below, upon verification has found that the petitioner is accused in two more criminal cases and therefore, his bail bonds have not been accepted and accordingly, this bail application has been filed.

4.

As per the prosecution case, about 5.5 gram of smack has been recovered from the petitioner. The petitioner is in custody since 02.11.2024.

5.

Considering the quantum of recovery, the period of custody of the petitioner as well as the submissions of learned counsel for the petitioner, this application is allowed. 6.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court of Sessions Judge, Katihar/concerned Court below in connection with Kursela P.S. Case No. 222 of 2024, subject to the condition that one of the bailors should be close relative of the petitioner.

7.

As a condition of this order, the petitioner, after being released on bail, is directed to mark his attendance at Kursela Police Station on every Sunday of each month. Any default in appearance at the police station will result in cancellation of bail bonds of the petitioner.

Patna High Court CR. MISC. No.62310 of 2025(2) dt.10-10-2025 3/3 8.

As a condition of this order, the petitioner, after being released on bail is directed to co-operate in the trial either by appearing personally or through his lawyer in the trial Court on each and every date fixed by the trial Court. Noncompliance of the condition will result in cancellation of the bail bonds of the petitioner.

(Sandeep Kumar, J) pawan/- U T