Fagu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74024 of 2023 Arising Out of PS. Case No.-444 Year-2023 Thana- GARKHA District- Saran ====================================================== FAGU MAHTO Son of Raja Mahto R/o village - Bibipur, P.S. - Garkha, Dist.- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok For the Opposite Party/s :

Mrs. Rina Sinha ====================================================== 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 connection with Garkha P.S. Case No. 444 of 2023 registered for the offence under Section 20, 21 of the NDPS Act.

3. As per the prosecution case, on search 31 gram smack has been recovered from the possession of the accused.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Petitioner claims clean antecedent and he is in custody since 24.07.2023.

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

6. Considering the intermittent quantity of

Patna High Court CR. MISC. No.74024 of 2023(2) dt.29-11-2023 2/2 recovery, this application for regular bail is allowed.

7. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, NDPS Act, Saran at Chhapra/concerned court below in connection with Garkha P.S. Case No. 444 of 2023 subject to condition that:- 7(i) The petitioner will mark his attendance at the Garkha 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