Jitendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9748 of 2025 Arising Out of PS. Case No.-719 Year-2024 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== Jitendra Singh Son of Late Mahendra Singh Village- Sharab, P.S.- Nasriganj, District -Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Singh For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 15-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections-8(c), 21(c) of N.D.P.S. Act.

3. Prosecution case, in short is that on the tip off, the informant alongwith other police personnel proceeded to conduct a raid and when the raiding team reached at the place of occurrence, seeing the police, one person started to flee away but on chase, he was arrested who disclosed his name as Shahrukh Ansari and psychotropic substances/drugs were recovered from his possession. On intensive interrogation, Shahrukh Ansari disclosed that he purchased those medicines from Radha Medical Store. Thereafter, Radha Medical Store was searched and the psychotropic drugs were recovered from the medical store.

4. It has been submitted on behalf of the petitioner that the FIR itself shows that the petitioner was sitting in the medical store.

Patna High Court CR. MISC. No.9748 of 2025(3) dt.15-05-2025 2/2 As a matter of fact, he is a farmer and went to the medical store to purchase medicines. The proprietor of Radha Medical Store is one, Santosh Singh and in support of the same, the xerox copy of the licence has been annexed with the record. The petitioner is under incarceration since 31-10-2024. The petitioner is a man of clean antecedent.

5. Learned APP has opposed the prayer for bail.

6. Nothing has been recovered from possession of the petitioner. The only evidence against him is that he was found sitting at the medical store from where, the drugs were recovered. The petitioner is neither proprietor of Radha Medical Store nor he is employee thereof.

7. Considering the aforesaid facts and circumstances, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cumSpecial Judge, Kaimur at Bhabua in connection with Mohania P.S. Case No. 719 of 2024.

(Nawneet Kumar Pandey, J) A.K.V.//- U T