Rajesh Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4704 of 2020 Arising Out of PS. Case No.-301 Year-2019 Thana- PARBATTA District- Khagaria ====================================================== RAJESH MANDAL Son of Jay Prakash Mandal @ Prakash Mandal Resident of Village - Kolwara, P.S.- Parbatta, Distt.- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Singh For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-01-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Special Case No. 08/ 2019, arising out of Parbatta P.S. Case No. 301 of 2019 for the offence punishable under Sections 20, 22 of N.D.P.S. Act.

The allegation is regarding recovery of 4.12 Kg. of ganja from the petitioner.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, he is having a clean antecedent and is languishing in custody since 05.08.2019. It is further submitted that since the commercial quantity prescribed in the schedule to the N.D.P.S. Act, 1985 is 20 Kg., the quantity of ganja recovered from the petitioner is

Patna High Court CR. MISC. No.4704 of 2020(2) dt.23-01-2020 2/2 much less, hence there is no impediment in granting regular bail to the petitioner herein.

Having regard to the facts and circumstances of the case, considering the submissions advanced by the learned counsel for the petitioner coupled with the fact that the quantity of ganja recovered from the petitioner is much less than the quantity prescribed in the Schedule to N.D.P.S. Act as commercial quantity as also taking into account the fact that the petitioner is having a clean antecedent and is languishing in custody since 5.8.2019, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.D.J. III-cum- Special Judge (N.D.P.S.), Khagaria in connection with Special Case No. 08 of 2019, arising out of Parbatta P.S. Case No. 301 of 2019. (Mohit Kumar Shah, J) Tiwary/- U T