Kailash Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10502 of 2025 Arising out of PS. Case No.-243 Year-2024 Thana- KRITYANAND NAGAR District- Purnia ====================================================== Kailash Ram S/o Bahadur Ram R/o Village- Baniyapatti Roska Koska Gadh, P.S- Krityanand Nagar, District- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vivekanand Singh, Advocate For the Opposite Party/s :
Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 05-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.
2. The petitioner seeks bail in connection with Special (NDPS) Act Case No. 142 of 2024 arising out of K.Nagar P.S. Case No. 243 of 2024 instituted for the offences under Sections 8(C) and 21(b) of the Narcotic Drugs and Psychotropic Substance Act.
3. The allegation in the FIR against the petitioner is that he along with two co-accused persons namely Julmi Singh and Rinku Rishi were apprehended by the police and 101.25 grams of heroin (Brown Sugar) was recovered from the coaccused Julmi Singh and nothing was recovered from the conscious possession of the petitioner.
4. It is submitted by learned counsel for the petitioner
Patna High Court CR. MISC. No.10502 of 2025(2) dt.05-05-2025 2/3 that all the three co-accused persons namely (i) Rinku Rishi (ii) Julmi Singh (iii) Bittu Kumar have been granted bail by a Coordinate Bench of this Court vide order dated 22.03.2025 passed in Cr. Misc. No. 88719 of 2024 and two other analogous cases, i.e,. Cr. Misc. No. 88623 of 2024 and Cr. Misc. No. 88842 of 2024. It is further submitted that the petitioner is having clean antecedent and is in custody since 26.08.2024.
5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid submissions of respective counsels and taking into account the fact that nothing was recovered from the conscious possession of the petitioner and all the aforesaid three co-accused persons have been granted bail by a Co-ordinate Bench of this Court, the petitioner above named, is directed to be released on bail on furnishing bail-bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge (NDPS Act), Purnea in connection with Special (NDPS Act) Case No. 142 of 2024 arising out of K.Nagar P.S. Case No. 243 of 2024, subject to the the following conditions:- (i) One of the bailors will be a close relative of the petitioner.
Patna High Court CR. MISC. No.10502 of 2025(2) dt.05-05-2025 3/3 (ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.
(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned. (Sourendra Pandey, J) Vikash/- U T