Allowed¶21

Manoj Mahto v. The State of Bihar

NDPS Act – Sections 8(c)/21(b) – regular bail

Patna HC5 Feb 2025CR. MISC./61736/2024

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What is this about?

Patna High Court, Criminal Miscellaneous No.61736 of 2024 (decision 05-02-2025, Ashok Kumar Pandey, J): regular bail granted to Manoj Mahto under Sections 8(c)/21(b) of the NDPS Act arising out of Mahua P.S. Case No. 202 of 2024, District Vaishali; prosecution alleged recovery of 40 capsules like smack equal to 16 grams; bail bond of Rs.10,000 with two sureties of the like amount each; petitioner in custody since 13.04.2024; bail application allowed.

What did the court decide?

Regular bail: petitioner to be released on bail in connection with Mahua P.S. Case No. 202 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-I-cum-Special Judge, NDPS, Vaishali at Hajipur. ¶21

Manoj Mahto Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.61736 of 2024

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Arising Out of PS. Case No.-202 Year-2024 Thana- MAHUA District- Vaishali

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Manoj Mahto Son of Late Suresh Mahto R/o Sadapur Mahua (Patel Chowk ), P.S.- Mahua, District- Vaishali

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Mritunjay Kumar, Advocate For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam, APP

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CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

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6 05-02-2025

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Heard learned counsel for the petitioner and Mr. Dr.

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Mrityunjaya Kumar Gautam, learned APP for the State.

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The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 8(c)/21(b) of the NDPS Act. The chargesheet bearing C.S. No. 480/24 dated 07/06/2024 has been submitted under Sections 8(c)/21(b) of the NDPS Act.

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The case of the prosecution is that from the possession of the petitioner, altogether 40 capsules like smack was recovered which is equal to 16 grams.

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Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has got no criminal antecedent. It is also submitted that the contraband which has

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Patna High Court CR. MISC. No.61736 of 2024(6) dt.05-02-2025 2/2

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been recovered from the possession of petitioner is of more than small quantity but is much less than commercial quantity. It is further submitted that the petitioner is languishing in judicial custody since 13.04.2024.

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Learned APP appearing for the state has opposed the prayer of regular bail.

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Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mahua P.S. Case No. 202 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-Icum-Special Judge, NDPS, Vaishali at Hajipur.

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(Ashok Kumar Pandey, J)

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Sudhanshu/-

Manoj Mahto v. The State of Bihar

Case brief

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Manoj Mahto v. The State of Bihar

Case brief

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