Dismissed¶23

Awadhesh Kumar Mahto v. The State of Bihar

Patna HC7 Mar 2024CR. MISC./67201/2023

Case brief

AI extract

What is this about?

Patna High Court CRIMINAL MISCELLANEOUS No.67201 of 2023; Kochadhaman P.S. Case no.144 of 2023, District Kishanganj; NDPS Act sections 8(c), 21, 21(c), 22, 23(c), 27; regular bail application rejected; 24.4 kgs ganja recovered from dickey of car; commercial quantity; petitioners arrested at the spot; custody since 15.6.2023; no criminal antecedent; Justice Partha Sarthy; order dated 07-03-2024; trial Court directed to expedite trial.

What did the court decide?

Regular bail refused: the Court took into consideration the recovery of 24.4 kgs of ganja from the dickey of the car in which the petitioners were travelling, their arrest at the spot, and that the alleged quantity was a commercial quantity, and was not inclined to enlarge the petitioners on bail. ¶23

Awadhesh Kumar Mahto Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.67201 of 2023

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Arising Out of PS. Case No.-144 Year-2023 Thana- KOCHADHAMAN District- Kishanganj

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

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AWADHESH KUMAR MAHTO SON LATE JHAKAR MAHTO @ LATE JHAKHAR MAHTO RESIDENT OF VILLAGE- AMNOUR, PSAMNOUR, DIST- SARAN

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ROHIT KUMAR MAHTO @ ROHIT MAHTO SON OF HAGESHWAR MAHTO RESIDENT OF VILLAGE- CHAMPA SARI SUMAN NAGAR, WARD NO. 46, PS- PRADHAN NAGAR, DISTT- DARJEELING, W.B.

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KARAN SAH SON OF RAJU SHAH RESIDENT OF VILLAGE- GURUM BASTI, WARD NO. 03, PS- PRADHAN NAGAR, DISTT- DARJEELING, W.B.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Gaurav Kumar, Advocate For the Opposite Party/s : Mr. Amitesh Kumar, APP

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

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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

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5 07-03-2024

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Heard learned counsel for the parties.

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The petitioners have preferred this application for

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grant of regular bail in connection with Kochadhaman P.S. Case no.144 of 2023 registered under sections 8(c), 21, 21(c), 22, 23(c) and 27 of the NDPS Act.

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As per the prosecution case, 24.4 kgs of ganja was recovered from the dickey of the vehicle in question and the three petitioners herein who were in the car were arrested at the spot.

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It is submitted by learned counsel for the

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Patna High Court CR. MISC. No.67201 of 2023(5) dt.07-03-2024 2/2

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petitioners that the petitioners have been falsely implicated in the case. One of the petitioners who was the driver of the vehicle was professionally engaged. He did not know the contents of the goods loaded in the car. The petitioners are in custody since 15.6.2023 and have no criminal antecedent.

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Heard learned A.P.P. for the State.

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Having heard learned counsel for the parties and taking into consideration the recovery of 24.4 kgs of ganja from the dickey of the car in which the petitioners were travelling, the petitioners having been arrested at the spot and the alleged quantity being commercial quantity, the Court is not inclined to enlarge the petitioners on bail and the application is rejected.

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Learned trial Court is directed to expedite the trial.

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(Partha Sarthy, J)

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Bibhash

¶27

U T

Awadhesh Kumar Mahto v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Awadhesh Kumar Mahto v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

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