Pardeep Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.971 of 2025 Arising Out of PS. Case No.-208 Year-2024 Thana- BAUNSI District- Araria ====================================================== Pardeep Sah Son of Chalitar Sah village- Bousi, Ward no. 11, Ps- Bounsi, Dist- Araria ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gopal Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 05-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Bousi P.S. Case No. 208 of 2024 registered for the alleged offences under Sections 8(c)/21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

03. As per prosecution case, recovery of 10 gram of smack, along with plastic pouches in which it was kept, has been made from the petitioner.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. No occurrence as alleged has ever taken place. The petitioner was travelling on a motorcycle and due to some altercation with the informant, he has been falsely implicated in

Patna High Court CR. MISC. No.971 of 2025(2) dt.05-02-2025 2/3 this case. Learned counsel further submits that the exact quantity of smack has not been mentioned, though weight has been mentioned along with plastic pouches in which the contraband was kept and the same is 10 gram, which is just more than the small quantity but much less than the commercial quantity. The petitioner is in custody since 12.09.2024 and charge-sheet has been submitted. The petitioner is having antecedent of one case and he is on bail in that case.

05. Learned APP for the State opposes the prayer for bail. Learned APP submits that the petitioner has been apprehended while carrying the contraband in his person.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the quantity of contraband and submission of charge sheet and further considering the period of custody of the petitioner, the petitioner above named is directed 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 learned District & Sessions Judge-cum-Special Judge, NDPS Act, Araria in connection with Bousi P.S. Case No. 208 of 2024, subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions:

Patna High Court CR. MISC. No.971 of 2025(2) dt.05-02-2025 3/3 (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T