Surendra Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44619 of 2018 Arising Out of PS.Case No. -62 Year- 2018 Thana -KURSELA District- KATIHAR ======================================================

1. Surendra Mandal son of Lal Dhari Mandal resident of village/Mohalla - Kursela Basti, P.S. Kursela, District Katihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Praveen Kumar Agrawal, Advocate For the Opposite Party/s : Mr. Ram Bachan Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-09-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks regular bail in connection with Kursala P.S.Case No.62 of 2018 vide Special NDPS Case No. 05 of 2018, registered for offences punishable under Section 20, 22 of the NDPS Act.

Allegation against the petitioner is of recovery of 1.5 Kg Ganja from the shop (wooden Kathra Gumti) of the petitioner and the seizure list has been prepared.

Submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated in this case only on the basis of suspicion. It has been further submitted that nothing has been recovered from the possession of the petitioner and there is no evidence against the petitioner

Patna High Court Cr.Misc. No.44619 of 2018 (3) dt.04-09-2018 2/2 regarding his involvement in the alleged occurrence and he has clean antecedent.

Heard learned A.P.P, who opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/- ( Rupees Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar, in connection with Kursala P.S.Case No. 62 of 2018 vide Special N.D.P.S.Case No. 05 of 2018, subject to the following conditions:- i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. ii) The petitioner will not induce any witness or tamper with the evidence.

iii) It is made clear that if petitioner found involved in any of the like offences, in future, prosecution is free to move for cancellation of his bail bonds (Vinod Kumar Sinha, J) Sudha/- U T