Allowed

Mohan Mistri v. The State of Bihar

Patna HC3 May 2024CR. MISC./8255/2024

Case brief

AI extract

What is this about?

Bail application under IPC, NDPS and Arms Act charges after recovery of ganja from co-accused rather than conscious possession of the petitioner. Court noted parity with the bailed co-accused and allowed bail with conditions including periodic attendance and no witness tampering.

What did the court decide?

Petitioner released on bail on Rs.10,000 bonds with two like sureties to the satisfaction of the Sessions Judge, Samastipur, subject to stated conditions.

Mohan Mistri 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.8255 of 2024

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Arising Out of PS. Case No.-294 Year-2023 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur

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

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Mohan Mistri, aged about 30 years, Male Son of Hariwansh Rai, Resident of Village- Chak Shikandar, P.S.- Tajpur, District- Samastipur.

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate For the Opposite Party/s : Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

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ORAL ORDER

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4 03-05-2024

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Heard learned counsel for the petitioner and learned

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APP for the State.

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The petitioner seeks bail in connection with Mufasil Samastipur P.S. Case No. 294 of 2023 instituted for the offences punishable under Sections 399,402,411,414 of the Indian Penal Code and Section 8, 20(b)(ii)B N.D.P.S. Act and Sections 25(1-b)a, 26 and 35 of the Arms Act.

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As per the prosecution case, there is recovery of 04 Kg Ganja alongwith motorcycle and cash of Rs. 1000/- has been recovered from the possession of the petitioner.

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Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. He further submits that

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Patna High Court CR. MISC. No.8255 of 2024(4) dt.03-05-2024 2/3

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nothing incriminating has been recovered from the conscious possession of the petitioner. It has further submitted that petitioner was not arrested at the place of occurrence. Petitioner is in custody since 10.06.2023.

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Learned APP opposes the prayer for bail.

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From perusal of the FIR and impugned order of the learned Sessions Judge, Samastipur dated 28.11.2023, it appears that there is no recovery from the conscious possession of the petitioner and the said recovery is from other co-accused namely Md. Taiyab, who has been granted bail by a Co-ordinate Bench of this Court passed in Cr. Misc. No. 73299 of 2023 vide order dated 23.11.2023, accordingly the prayer for bail of the petitioner 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, Samastipur in connection with Muffasil Samastipur P.S. Case No. 294 of 2023, subject to the following conditions:-

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(i) One of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;

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(ii) The petitioner shall appear on each and every date

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Patna High Court CR. MISC. No.8255 of 2024(4) dt.03-05-2024 3/3

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before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial Court itself;

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(iii) The petitioner shall appear before the concerned police station every fortnight for next six months to mark attendance;

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(iv) The petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;

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(v) The petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds.

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(Ramesh Chand Malviya, J)

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Anand Kr.

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U T

Mohan Mistri v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Mohan Mistri v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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