Patna High CourtCR. MISC./4383/2024bail rejected

Shankar Mandal @ Shankar Kumar Mandal v. The State Of Bihar

2024-01-31Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4383 of 2024 Arising Out of PS. Case No.-439 Year-2023 Thana- KISHANGANJ District- Kishanganj ====================================================== Shankar Mandal @ Shankar Kumar Mandal Son of Late Asarfi Mandal Resident of Village- Pathar Toli, Bus Stand, P.S.- Kishanganj, DistrictKishanganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 31-01-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Kishanganj P.S Case no.439 of 2023 registered under sections 8(c) and 21(a) of the NDPS Act.

3. As per the prosecution case, 5.490 grams of smack was recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. No incriminating article has been recovered from his possession. There is non compliance of section 42 of the NDPS Act. The petitioner is in custody since 6.11.2023 and undertakes to cooperate in the investigation.

Patna High Court CR. MISC. No.4383 of 2024(2) dt.31-01-2024 2/2

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

6. Having heard learned counsel for the parties and taking into consideration the allegation of recovery of 5.490 grams of smack from the possession of the petitioner together with the antecedents of the petitioner from which it transpires that the petitioner has two other cases also under the NDPS Act, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

7. Learned trial Court is directed to expedite the trial. (Partha Sarthy, J) Shiv/- U T