Patna High CourtCR. MISC./74009/2023bail granted

Manohar Kumar Mandal v. The State Of Bihar

2023-11-29Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74009 of 2023 Arising Out of PS. Case No.-172 Year-2022 Thana- KHAGARIA RAIL P.S. DistrictKhagaria ====================================================== MANOHAR KUMAR MANDAL son of Bindeshwari Mandal VillageSitakund Dih Ps- Mufassil Dist- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chhote Lal Mishra For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 29-11-2023 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence under Sections 8/20(b)(II)(B) of N.D.P.S. Act.

3. As per the prosecution case, More than 10 KG. of Ganja has been recovered from the possession of co-accused Dev Raj.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Nothing incriminating has been recovered from the possession of the petitioner. Petitioner is in custody since 07.08.2023. He further submits that co-accused Devraj has been granted bail by a co-ordinate Bench of this court vide Cr. Misc.

Patna High Court CR. MISC. No.74009 of 2023(2) dt.29-11-2023 2/2 No. 43465 of 2023 dated 19.07.2023.

5. Learned A.P.P. has vehemently opposed the prayer for bail.

6. Considering the aforesaid facts, this application for regular bail is allowed.

7. Let the petitioner, above named, be released on bail after framing of charge if the charge is not framed yet and on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum-Special Judge, (N.D.P.S.) Khagaria/concerned court below in connection with Special Case (N.D.P.S.) No. 40A of 2022 (arising out of Khagaria Rail P.S. Case No. 172/2022) subject to condition that:- 7(i) The petitioner will mark his attendance at the Mufassil, Munger Police Station on the first and third Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner. (Sandeep Kumar, J) Shishir/- U T