Raja Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2150 of 2025 Arising Out of PS. Case No.-141 Year-2024 Thana- Lakho District- Begusarai ====================================================== Raja Kumar S/o Sato Singh Resident of Village- Nayagaon, P.S.- Nayagaon, District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar, Adv.
For the Opposite Party/s :
Mr.Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-01-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Lakho P.S. Case No. 141 of 2024 (N.D.P.S. Case No. 50 of 2024) instituted for the offences under Sections 8/20(b)(ii)(B) of the N.D.P.S. Act.
3. As per prosecution case, the police has recovered 5 Kg. Ganja from the motorcycle of the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case merely on the basis of suspicion. He further
Patna High Court CR. MISC. No.2150 of 2025(2) dt.27-01-2025 2/3 submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery of contraband. The petitioer is the owner of the alleged motorcycle. The quantity of alleged Ganja recovered is less than the commercial quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. There is no compliance of Section 42 and 50 of the N.D.P.S. Act. There is a noncompliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 30.09.2024 without any rhymes or reason. Charge-sheet has been submitted in this case.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent,
Patna High Court CR. MISC. No.2150 of 2025(2) dt.27-01-2025 3/3 let the petitioner, abovenamed, 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 Court below/concerned Court in connection with Lakho P.S. Case No. 141 of 2024 (N.D.P.S. Case No. 50 of 2024). (Rudra Prakash Mishra, J) rishi/- U T