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Patna High CourtCR. MISC./2289/2024allowed

Bablu Kumar @ Bablu Mandal v. The State Of Bihar

2024-01-29Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2289 of 2024 Arising Out of PS. Case No.-893 Year-2023 Thana- NATHNAGAR District- Bhagalpur ====================================================== Bablu Kumar @ Bablu Mandal Late Lakhan Lal Mandal Resident of villageMohanpur P.S. Lalmatiya District Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Diwakar Upadhyaya, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 29-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Nathnagar (Lalmatiya) P.S. Case No. 893 of 2023, registered for the offences punishable under Sections 20 and 21 of N.D.PS. Act.

3. As per the prosecution case, there is recovery of 1.2 kg of ganja from the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that nothing has been recovered from the conscious possession of the petitioner and the recovered contraband is not of the commercial quantity. He also submits that petitioner has no criminal antecedent and he is in jail

Patna High Court CR. MISC. No.2289 of 2024(2) dt.29-01-2024 2/2 custody since 28.10.2023.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District and Sessions Judge, Bhagalpur or successor court in connection with Nathnagar (Lalmatiya) P.S. Case No. 893 of 2023, subject to the following conditions:- (i) One of the bailors shall be own/close member of the family of the petitioner.

(ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court below and shall remain physically present as directed by the Court below and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(Sunil Dutta Mishra, J) ashishkr/- U T