Subodh Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70510 of 2022 Arising Out of PS. Case No.-105 Year-2022 Thana- BAUNSI District- Banka ====================================================== Subodh Kumar Mandal S/O Late Sudho Mandal R/O Nawabganj, Kursela, P.S.-Kursela, Dist-Katihar at present Ranitalab, P.S.-Industrial Area, DistBhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Bounsi P.S. Case No. 105 of 2022 registered under sections 8/20(b) ii(c)/25/29 of the N.D.P.S. Act.

Prosecution case in short is that on a secret information police raided the shop of one Vishnudeo Jha, and on search 4 kg of ganja kept in a plastic bag and thereafter raid was conducted in the house of the daughter of the Vishnudeo Jha and from there, 86.830 kg ganja was recovered, on interrogation, the accused Vishnudeo Jha disclosed the name of the petitioner and two other persons as supplier of the said Ganja. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.70510 of 2022(2) dt.24-02-2023 2/2 petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to political rivalries. It is further submitted that the name of the petitioner came in F.I.R. only on the basis of confessional statement of other co-accused, namely Vishnudeo Jha before the police. Nothing has been recovered from the possession or premises of the petitioner, neither he has been apprehended from the spot. Petitioner has no concern with the alleged ganja. He is languishing in judicial custody since 28.09.2022.

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

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Bounsi P.S. Case No. 105 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Banka.

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