Patna High CourtCR. MISC./4298/2025bail granted

Sunil Kharka @ Sunil Khadka @ Sunil v. The State Of Bihar

2025-04-19Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4298 of 2025 Arising Out of PS. Case No.-38 Year-2024 Thana- Basmatia District- Araria ====================================================== Sunil Kharka @ Sunil Khadka @ Sunil S/o Mahendra Bdr Khadka R/o Itahari Municipality Ward No. 04, P.S. Itahari, District Sunsari, Nepal, Present Address R/o Ward No. 11, Koshkapur, P.S. Bhaptiyahi, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar Mandal For the Opposite Party/s :

Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 19-04-2025 Heard learned counsel for the parties.

2. The petitioner seeks regular bail in connection with Basmatiya P.S. Case No. 38 of 2024, registered under Sections 8(c), 21(b), 22, 23 of the N.D.P.S. Act.

3. There is recovery of 17.85 grams of brown sugar from the motorcycle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner has no concern with the seized brown sugar. The petitioner has no criminal antecedent and he is in custody since 21.09.2024.

5. Learned A.P.P. for the State has opposed the prayer for bail.

Patna High Court CR. MISC. No.4298 of 2025(3) dt.19-04-2025 2/2

6. Considering the facts and circumstances of the case and also period of custody, this bail application is allowed.

7. Let the petitioner above named, be granted bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Court of Sessions-cum-Special Judge, NDPS Act, Araria/concerned court below in connection with Basmatiya P.S. Case No. 38 of 2024, subject to the condition that:

(i) The bailor should be local of the district of Araria and petitioner shall cooperate in the trial and shall be represented through his lawyer or himself.

(ii) The petitioner will mark his attendance at Bhaptiyahi Police Station on every Sunday of each month. Any default in appearance at the local Police Station will result into cancellation of his bail bond.

(Sandeep Kumar, J) Ranjeet/- U T