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Patna High CourtCR. MISC./6343/2025allowed

Nitish Kumar v. The State Of Bihar

2025-03-07Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6343 of 2025 Arising Out of PS. Case No.-334 Year-2022 Thana- NADI P.S. District- Patna ====================================================== Nitish Kumar S/o- Bhulla Rai village- Jethuli P.S- Nadi Dist- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

The Narcotics Control Bureau Patna, through its Intelligence Officer, Union of India Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Usha Kumari Singh, Adv.

For the State :

Mr. Rajiv Nayan, Adv.

For the U.O.I.

:

Mr. Arvind Kumar, Adv.

:

Mr. Lokesh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-03-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the U.O.I..

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 8, 20, 22, 29 of N.D.P.S. Act.

3. As per the prosecution case, altogether 25.600 kg Ganja has been recovered near the house of co-accused Raju Kumar Rai, who was apprehended on the spot and he disclosed the name of the petitioner and other co-accused.

4. Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. The

Patna High Court CR. MISC. No.6343 of 2025(3) dt.07-03-2025 2/2 allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that no contraband article has been recovered from the conscious possession of the petitioner. He submits that co-accused Raju Kumar Rai, from whose possession ganja had been recovered, has been granted regular bail by a Co-ordinate Bench of this Court vide order dated 17.04.2023 passed in Cr. Misc. No.2584 of 2023. The petitioner has no criminal antecedent and has been languishing in custody since 15.11.2024.

5. Learned APP for the State opposed the bail petition.

6. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Nadi P.S. Case No.334 of 2022. (Anjani Kumar Sharan, J) anand/- U T