Patna High CourtCR. MISC./72200/2022allowed

Rana Mandal @ Rana Kumar v. The State Of Bihar

2023-03-22Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72200 of 2022 Arising Out of PS. Case No.-532 Year-2022 Thana- BIHPUR District- Bhagalpur ====================================================== Rana Mandal @ Rana Kumar Son Of Kailash Mahato R/O Amarpur, P.S.- Bihpur, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 8, 17(b), 22(b) of the N.D.P.S. Act.

As per FIR, it is alleged that after getting the secret information, the house of co-accused Shrawan Kumar was searched then 5 gram of brown sugar (smack) from possession of this petitioner as well as five grams brown sugar from possession of co-accused Priyanka Kumari were recovered. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no concern with the alleged recovery of smack/brown sugar and the

Patna High Court CR. MISC. No.72200 of 2022(2) dt.22-03-2023 2/2 same was 5 grams which does not come under preview of commercial quantity as per N.D.P.S. Act. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 1.10.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with N.D.P.S. Case No. 114 of 2022 arising out of Bihpur P.S. Case No. 532 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Bhagalpur.

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