Patna High CourtCR. MISC./71226/2024bail granted

Mithlesh Kumar Roy @ Mithun @ Mithlesh Kumar v. The State Of Bihar

2024-11-29Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71226 of 2024 Arising Out of PS. Case No.-18 Year-2024 Thana- KUWARI District- Araria ====================================================== Mithlesh Kumar Roy @ Mithun @ Mithlesh Kumar Son of Bateshwar Roy Resident of Village- Maratipur Pokhar Bhinda, Ward No. 7, P.S.- Kursakanta, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Kumar Jha For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-11-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Kuwari P.S. Case No. 18 of 2024 dated 14.05.2024 registered for the offences punishable under Sections 8, 20(b)(ii)(C), 22(c), 25 of the N.D.P.S. Act.

3. As per the prosecution case, total 78 kg ganja was recovered from the house of the co-accused Vinod Tatma. On the instance of the co-accused, Santosh Mandal total 41.200 kg ganja was recovered from the maize crops field.

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 possession of the

Patna High Court CR. MISC. No.71226 of 2024(3) dt.29-11-2024 2/2 petitioner. The name of the petitioner has transpired merely on the basis of suspicion. Similar situated co-accused person has already been granted bail by this Court vide order dated 13.11.2024 passed in Cr. Misc. No. 62859 of 2024. The petitioner has no concern with the alleged occurrence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 15.05.2024.

5. Learned A.P.P. for the State has 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 above named, 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 District and Sessions-cum Special Judge, NDPS Act, Araria in connection with Kuwari P.S. Case No. 18 of 2024.

7. The application stands allowed.

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