Mantu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70397 of 2022 Arising Out of PS. Case No.-162 Year-2022 Thana- DIDARGANJ District- Patna ====================================================== Mantu Mahto Son of Late Kamal Mahto R/O Village- Katra Bazar, P.S.- Malsalami, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 16-03-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Didarganj P.S. Case No. 162 of 2022 registered for the offence under Sections 8(c), 20(B) and 29 of the N.D.P.S. Act. The accused/petitioner is named in the F.I.R. and is in custody since 21.06.2022.

The allegation against the petitioner is to have in possession of contraband i.e., ganja total of 9 kg, while travelling in a three-wheeler.

Learned Senior counsel appearing on behalf of the petitioner submitted that alleged recovery of contraband i.e.,

Patna High Court CR. MISC. No.70397 of 2022(2) dt.16-03-2023 2/3 ganja is not appears to be made from the conscious physical possession of this petitioner. It is also pointed out that seizure list appears doubtful being not supported by independent witnesses rather by police personnels. While travelling over the argument it is submitted that provisions, as regard to search and seizure, were also not complied with in present case, which is otherwise mandatory provision of law. It is submitted that as recovered quantity of contraband i.e., ganja is less than commercial quantity the barrier of Section 37 of the N.D.P.S. Act is also not appears applicable in present case. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as alleged recovery of contraband i.e., ganja, which is less than commercial quantity, not appears to be made from the conscious physical possession of this petitioner coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in

Patna High Court CR. MISC. No.70397 of 2022(2) dt.16-03-2023 3/3 connection with Didarganj P.S. Case No. 162 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 learned Additional Sessions Judge-XXVI, Patna/concerned Court, subject to the conditions as mentioned under Section 437

(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) pooja/- U T