Mantosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65560 of 2019 Arising Out of PS. Case No.-634 Year-2019 Thana- PHULWARISHARIF District- Patna ====================================================== Mantosh Kumar Son of Sunil Kumar @ Surendra Prasad Resident of Pasupalan Colony, P.S.- Hawai Adda, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh, Advocate For the Opposite Party/s :

Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 04-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 20/22 of the N.D.P.S. Act. Allegation is that 25 grams of smack was recovered from the possession of the petitioner.

Submission is that recovered quantity is not a commercial quantity. The petitioner has stated on oath that he has got no criminal antecedent. He is in custody since 30.06.2019. Investigation of the case is already complete. Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below

Patna High Court CR. MISC. No.65560 of 2019(2) dt.04-11-2019 2/2 where the case is pending in connection with Special Case No.67 of 2019, arising out of Phulwari P.S. Case No.634 of 2019, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./- U T