Ashok Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82747 of 2023 Arising Out of PS. Case No.-55 Year-2022 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Ashok Mahto S/O Dinesh Mahto Village- Kumbhi, Ward No. 13, Ps. Cheriyabariarpur, Dist. Begusarai.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Pratik For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 20(b)(ii), 22 of N.D.P.S. Act. As per the allegation in F.I.R, 6.4 kg of Ganza like narcotics substance has been recovered from the water tank kept on the roof of poultry farm.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. The petitioner has no concern with the alleged recovered contraband. The alleged

Patna High Court CR. MISC. No.82747 of 2023(2) dt.20-12-2023 2/2 recovered Ganza like narcotics substance is lesser than commercial quantity as per N.D.P.S. Act. Moreover, the petitioner is languishing in judicial custody since 10.10.2023. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Cheriya Bariyarpur P.S. Case No. 55 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge I, Begusarai. (Sunil Kumar Panwar, J) Lata/- U T