Santosh Mahto @ Santosh Sahni Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2024)

Santosh Mahto @ Santosh Sahni Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2024)

What the court decided

AI extract

Outcome

Regular bail granted to Santosh Mahto @ Santosh Sahni on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum-Special Judge, NDPS, Saran at Chapra, subject to the Court below verifying that the trial has not begun and only cognizance has been taken before accepting the bail bond.

Issue for consideration

Whether the petitioner, in custody since 14.10.2022 with cognizance taken but no substantial progress in the trial, should be released on regular bail in NDPS Case No. 12 of 2023 (second bail attempt after rejection dated 17.05.2023).

Court's answer

Considering the period of custody, the bail application is allowed.

Ratio / Principle

Petitioner is to 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 the learned Sessions Judge-cum-Special Judge, NDPS, Saran at Chapra, in connection with NDPS Case No. 12 of 2023 arising out of Bheldi P.S. Case No. 359 of 2022.

Key takeaways

Acceptance of the bail bond is conditional: the Court below must verify the petitioner's statement that the trial has not begun and only cognizance has been taken; if true the bail bond shall be accepted, otherwise it shall not be accepted.ratio¶22

Detailed headnote1 paragraphs

Bail granted (second attempt) - NDPS Act, Sections 8/20(b)(ii)(c)/29 - Santosh Mahto @ Santosh Sahni, Patna High Court Cr. Misc. No. 12983 of 2024, oral order dated 23-02-2024 by Sandeep Kumar, J. - recovery of 21.2227 kg. ganja from behind the petitioner's house (NDPS Case No. 12 of 2023 arising out of Bheldi P.S. Case No. 359 of 2022, Saran) - earlier bail rejected on 17.05.2023 in Cr. Misc. No. 22709 of 2023 - petitioner in jail since 14.10.2022, cognizance taken but trial not begun - application allowed considering the period of custody - release on bail bonds of Rs. 10,000/- with two like sureties to the Sessions Judge-cum-Special Judge, NDPS, Saran at Chapra - acceptance of bonds conditional on the Court below verifying the petitioner's statement that the trial has not begun.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12983 of 2024

Arising Out of PS. Case No.-359 Year-2022 Thana- BHELDI District- Saran

======================================================

Santosh Mahto @ Santosh Sahni son of Late Mithu Mahto Village- Katsha Ps- Bheldi Dist- Saran

... ... Petitioner/s

Versus

The State of Bihar Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Shivjee Singh, Advocate For the State : Mr.Vinod Shanker Modi, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

2 23-02-2024

Heard learned counsel for the petitioner and Mr. Jharkhandi Upadhyay, learned APP for the State.

This is the second attempt for bail of the petitioner as earlier such prayer was rejected by order dated 17.05.2023 in Cr. Misc. No. 22709 of 2023.

The petitioner seeks bail in connection with NDPS Case No. 12 of 2023 arising out of Bheldi P.S. Case No. 359 of 2022 registered for the offence punishable under Sections 8/20(b)(ii)(c)/29 of the NDPS Act.

As per the prosecution case, the recovery is of 21.2227 kg. of ganja from behind the house of the petitioner.

It has been submitted by learned counsel for the petitioner that there is no substantial progress in the trial and therefore, the petitioner has renewed his prayer for bail. He

Patna High Court CR. MISC. No.12983 of 2024(2) dt.23-02-2024 2/2

further submits that cognizance has been taken in this case. The petitioner is in jail since 14.10.2022.

Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.

Considering the period of custody, this application is allowed.

Let the petitioner, above named, 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 the learned Sessions Judge-cum-Special Judge, NDPS, Saran at Chapra in connection with NDPS Case No. 12 of 2023 arising out of Bheldi P.S. Case No. 359 of 2022.

The Court below at the time of granting bail will verify the statement of the petitioner that the trial has not begun and only cognizance has been taken. If the statement is true, then the bail bond of the petitioner shall be accepted otherwise the bail bond shall not be accepted.

(Sandeep Kumar, J)

P. Kumar