Manish Kumar @ Mantu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.606 of 2020 Arising Out of PS. Case No.-158 Year-2019 Thana- BARBIGHA District- Sheikhpura ====================================================== MANISH KUMAR @ MANTU Son of Kamla Kant Singh Resident of Village- Rampur Sinday, P.S.- Barbigha Mission O.P., District- Sheikhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-01-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Barbigha PS case no. 158 of 2019 instituted for the offence punishable under Sections 20/22 of N.D.P.S. Act. The allegation is regarding recovery of 15 kg of ganja from the house of the petitioner.

The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 26.08.2019. It is further submitted that since the quantity of ganja recovered from the house of the petitioner does not fall under the commercial quantity as per Schedule to the N.D.P.S. Act, 1985, there is no impediment in granting bail

Patna High Court CR. MISC. No.606 of 2020(2) dt.17-01-2020 2/2 to the petitioner herein.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner coupled with the fact that the petitioner is having a clean antecedent and quantity of ganja seized from the house of the petitioner does not fall under the commercial quantity as per Schedule to the N.D.P.S. Act, 1985 as also taking into account the period of incarceration inasmuch as the petitioner is languishing in custody since 26.08.2019, I deem it fit and appropriate to release the abovenamed petitioner on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned District and Sessions Judge, Sheikhpura in connection with Barbigha PS case no. 158 of 2019. (Mohit Kumar Shah, J) rinkee/- U T