Nagendra Sah v. The Union Of India Through The Secretary, Ministry Of Home, Narcotic Drugs Control Bureau,New Delhi

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1790 of 2025 Arising Out of PS. Case No.-858 Year-2024 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Nagendra Sah S/O Prabhunath Sah @ Raghunath Sah Resident of VillageSinghorawa, P.S- Yadopur, District- Gopalganj. ... ... Petitioner/s

Versus

1.

The Union of India through the Secretary, Ministry of Home, Narcotic Drugs Control Bureau,New Delhi Bihar 2.

The State of Bihar Through the Department of Narcotic Drugs Control Bureau, Patna. Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Brajesh Kumar Singh, Advocate For the Opposite Party/s :

Dr. Krishna Nandan Singh (A.S.G) ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Gopalganj P.S. Case No. 858 of 2024, instituted for the offences punishable under Sections 8(c) and 21(a) of the NDPS Act.

3. Prosecution allegation, in short, is that there is recovery of 3.4 Kg ganja from the motorcycle of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for

Patna High Court CR. MISC. No.1790 of 2025(2) dt.28-01-2025 2/2 the petitioner further submits that the petitioner has got no concern with the alleged recovery of ganja. The recovered contraband is below the commercial quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. The petitioner is in custody since 28.11.2024 and has got no criminal antecedent. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the recovered contraband being below the commercial quantity and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner 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 Gopalganj P.S. Case No. 858 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T