Sunil Mehta @ Sunil Kumar Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83130 of 2024 Arising Out of PS. Case No.-145 Year-2024 Thana- FULKAHA District- Araria ====================================================== 1.

Sunil Mehta @ Sunil Kumar Mehta 2.

Ramanand Mehta @ Ramanand S/O Bokai Mehta Both are Resident of Village- Kaptanganj, Police Station- Diwanganj, District- Sunsari (Nepal).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 18-03-2025 Heard learned counsel for the petitioners and Mr. Binod Kumar, learned APP for the State.

2. The petitioners have prayed for regular bail in a case registered for the offence punishable under Sections 8, 20(b)(ii)(B), 23 of the N.D.P.S. Act.

3. The case of the prosecution is that from the possession of these petitioners altogether 10 kg of ganja was recovered. It is alleged that the petitioners were on a bike.

4. Learned counsel for the petitioners has submitted that in seizure the witnesses are police personnel and no independent witness is there. It has also been submitted by the learned counsel for the petitioner that the petitioners are having

Patna High Court CR. MISC. No.83130 of 2024(3) dt.18-03-2025 2/2 no criminal antecedent and are in custody since 16.09.2024.

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

6. Having heard learned counsel for the parties and considering the fact that the quantity of the contraband which has been recovered from the possession of these petitioners is though more than small quantity but is much less than the commercial quantity, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each of them with two sureties of the like amount each to the satisfaction of the court of learned Sessions cum the Special Judge, N.D.PS. Act, Araria in connection with Fulkaha P.S. Case No. 145 of 2024.

7. Accordingly, the present bail application stands allowed.

(Ashok Kumar Pandey, J) durgesh/- U T