Suraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4315 of 2025 Arising Out of PS. Case No.-11 Year-2024 Thana- DANIYAWAN District- Patna ====================================================== Suraj Kumar Son of Pinku Kumar Resident of Village- Ram Lalpur, P.S.- Sahajhanpur, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pushpendra Priyedarshi, Adv.
Mr. Surya Prakash Singh, Adv.
For the Opposite Party/s :
Mr.Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-02-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary called for in Cr. Misc. No. 79799 of 2024.
2. The petitioner seeks bail in connection with Special Case No. 123(A) of 2024 arising out of Daniyama P.S. Case No. 11 of 2024 instituted for the offences under Sections 25(1b)a/26/35 of the Arms Act and Sections 8, 20(b), 20(b)iia of the N.D.P.S. Act.
3. As per prosecution case, the police has recovered 96 grams of Ganja, a country made pistol and four live cartridges of .315 bore from the Bonet of Engine of the Tractor.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence at all as alleged against him rather he has falsely been implicated in the present case with a view to cause harassment. The petitioner is
Patna High Court CR. MISC. No.4315 of 2025(2) dt.06-02-2025 2/3 not named in the F.I.R. and his name has transpired in this case during investigation that too after nine months of the recovery. The suspected mobile no. 6280674431 does not belong to the petitioner rather the holder of the same is the co-accused Suraj Kumar. Learned counsel for the petitioner further submits that the driver and the owner of the Tractor, in question, is Suraj Paswan and Sikandra Kumar who were arrested on the spot itself. He further submits that nothing incriminating has been recovered from the conscious/physical possession of the petitioner. The petitioner has no concern with the alleged occurrence.
Learned counsel for the petitioner submits that the quantity of alleged seized contraband is less than the small quantity, therefore, there is no rider of section 37 of the N.D.P.S. Act in allowing the bail application. There is also noncompliance of mandatory provisions of Section 42 and 50 of the N.D.P.S. Act. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedents as stated in Para-3 of the present bail petition and is languishing in judicial custody since 27.09.2024 without any rhymes or reason. Charge-sheet has been submitted in this case and the cognizance has also been taken.
Patna High Court CR. MISC. No.4315 of 2025(2) dt.06-02-2025 3/3
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged against the petitioner is serious in nature, stating that from the impugned order, it appears that co-accused Pawan Kumar informed the police from the petitioner's mobile no. 6280674431 to implicate Sikandar Kumar, the owner of the alleged tractor.
6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case, the period of custody of the petitioner, the petitioner having no criminal antecedent as also taking into account the quantity of the the recovered contraband, 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 Special Case No. 123(A) of 2024 arising out of Daniyawan P.S. Case No. 11 of 2024.
(Rudra Prakash Mishra, J) rishi/- U T