Patna High CourtCR. MISC./84306/2024bail granted

Mantu Kumar v. The State Of Bihar

2024-12-11Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84306 of 2024 Arising Out of PS. Case No.-47 Year-2024 Thana- THAWE District- Gopalganj ====================================================== Mantu Kumar son of Muna Ram Village- Turkaha Ps- Gopalganj town or Nagar Thana- Gopalganj, Dist- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Thawe P.S. Case No. 47 of 2024 in NDPS Trial No. 29 of 2024 instituted for the offences under Section 21(B) of the N.D.P.S. Act.

3. Prosecution case, in short, is that total 9.48 gram smack has been recovered in this case.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Petitioner is in custody since 22.02.2024 and has one criminal antecedent. There is no allegation of tampering of witnesses alleged against

Patna High Court CR. MISC. No.84306 of 2024(2) dt.11-12-2024 2/2 the petitioner. No incriminating material has been recovered from the conscious possession of the petitioner. The recovered contraband is below commercial quantity, and hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the recovered contraband being less than commercial quantity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Thawe P.S. Case No. 47 of 2024 in NDPS Trial No. 29 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T