Mrigank Bharadwaj @ M. Bhardwaj Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Mrigank Bharadwaj @ M. Bhardwaj Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail allowed with deferred execution: petitioner to furnish bail bond after three months from the date of custody (custody since 23.07.2024), whereupon the court below shall release him on bail on bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned District and Sessions Judge, Madhepura, in connection with Murliganj P.S. Case No. 342 of 2024, subject to cooperation in the trial.

Issue for consideration

Whether petitioner Mrigank Bharadwaj @ M. Bhardwaj is entitled to regular bail in connection with Murliganj P.S. Case No. 342 of 2024, registered under Sections 8(c), 21(b) and 22 of the N.D.P.S. Act.

Court's answer

Release on bail is deferred: the petitioner is directed to furnish bail bond only after three months from the date of custody.

Ratio / Principle

On furnishing the bail bond after three months from the date of custody, the court below shall release the petitioner on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned District and Sessions Judge, Madhepura.

Key takeaways

Bail is subject to the condition that the petitioner cooperates in the disposal of the trial and makes himself available as and when required by the court.ratio¶20

Detailed headnote1 paragraphs

Patna High Court, Criminal Miscellaneous No.64573 of 2024 (oral order dated 18-09-2024, Nawneet Kumar Pandey, J): Regular bail allowed in Murliganj P.S. Case No. 342 of 2024 (District Madhepura), registered under Sections 8(c), 21(b) and 22 of the N.D.P.S. Act. Allegation: petitioner arrested with one other in a police raid and 20 grams of smack-like substance recovered from his possession; in custody since 23.07.2024. Counsel for petitioner urged innocence, clean antecedents, and that the quantity (slightly more than the small quantity) indicated contraband kept for personal consumption; learned APP opposed the bail prayer. The court directed the petitioner to furnish bail bond after three months from the date of custody, whereupon the court below shall release him on bail on bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned District and Sessions Judge, Madhepura, subject to cooperation in the disposal of the trial.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.64573 of 2024

Arising Out of PS. Case No.-342 Year-2024 Thana- MURLIGANJ District- Madhepura

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

Mrigank Bharadwaj @ M. Bhardwaj S/O Shekhar Jha Resident of MohallaKartik Chowk, ward no 14, P.S.- Murliganj District-Madhepura

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Pawan Kumar, Advocate For the Opposite Party/s : Mr. Ram Sumiran Rai, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

ORAL ORDER

2 18-09-2024

Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Murliganj P.S. Case No. 342 of 2024, registered for the offences punishable under Sections 8(c), 21(b) and 22 of the N.D.P.S. Act.

Allegation against the petitioner is that in course of a raid conducted by the police, the petitioner along with one another was arrested and in course of search, 20 grams of smack like substance was recovered from possession of the petitioner.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is a person of clean antecedent and the quantity as mentioned in the FIR is slightly more than the small

Patna High Court CR. MISC. No.64573 of 2024(2) dt.18-09-2024 2/2

quantity which shows that the alleged contraband was kept for personal consumption. The petitioner is under custody since 23.07.2024.

On the other hand, learned APP has opposed the prayer for bail of the petitioner

Considering the above-mentioned facts and circumstances, the petitioner, above-named, is directed to furnish bail bond after three months from the date of custody and on doing so, the court below shall release the petitioner on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned District and Sessions Judge, Madhepura in connection with Murliganj P.S. Case No. 342 of 2024, subject to the condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J)

priyanka/-

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