Jai Kishore Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69330 of 2019 Arising Out of PS. Case No.-189 Year-2019 Thana- SURSAND District- Sitamarhi ====================================================== JAI KISHORE MANDAL S/o Sukdev Mandal R/o village- Ajmanpatti, Ward No. 3, P.S.- Naine (Jaleshwar), District- Mohtaree, (Nepal) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shankar Kumar, Adv.
For the Opposite Party/s :
Mr.(Dr.) Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is languishing in custody since 09.06.2019 in a case registered for the offences punishable under Sections 20, 22 and 23 of the NDPS Act. Prosecution case is that the petitioner was intercepted at Nepal border at India side and from him, 5 kgs of ganja, while from the other co-accused, Jainan Manda 4 kgs of ganja were recovered.
It is submitted by learned counsel for the petitioner that on the basis of suspicion, the petitioner has been roped in in the present case and the investigation has already been concluded. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal
Patna High Court CR. MISC. No.69330 of 2019(2) dt.27-11-2019 2/2 antecedent.
Learned APP for the State submits that the recovery has been made from the possession of the petitioner. Considering the alleged recovery between the small and commercial quantity, investigation already being concluded, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner 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 learned Sessions Judge, Sitamarhi, in connection with Sursand P.S. Case No. 189 of 2019.
(Dinesh Kumar Singh, J) Ashwini/- U T