Botal Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68024 of 2022 Arising Out of PS. Case No.-69 Year-2022 Thana- SULTANGANJ District- Bhagalpur ====================================================== BOTAL MANDAL S/o Late Nemi Mandal R/o Village- Maheshi, P.S.- Sultanganj, Distt- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Adv.

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

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-05-2023 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 punishable under sections 20 and 22 of NDPS Act.

Prosecution case relates to recovery of 21 kg. Ganja like substance kept in a metal box from the joint house of the petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. For the said recovery, petitioner and his son both were implicated in this case. Police has not complied the mandatory provision of Section 50 of the NDPS Act. Allegedly, recovery of

Patna High Court CR. MISC. No.68024 of 2022(3) dt.02-05-2023 2/2 21 kg. Ganja like substance has to be shown from the joint house of the petitioner but the corner from where the same is recovered comes in the portion of petitioner's son share. Petitioner has no concern with the alleged recovery. He has been falsely implicated in this case. Petitioner has no criminal antecedent and he is languishing in judicial custody since 18.3.2022.

The application for bail is opposed by learned APP for the State.

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 III Additional Sessions Judge-cum-Special Judge (SC/ST) Act, Bhagalpur in connection with Sultanganj P.S. Case No. 69 of 2022.

(Sunil Kumar Panwar, J) sushma/- U T