Sunil Kumar @ Sunil Kumar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8240 of 2025 Arising Out of PS. Case No.-238 Year-2024 Thana- JOGBANI District- Araria ====================================================== Sunil Kumar @ Sunil Kumar Paswan S/O Vinod Paswan Resident of villageMatiyari, ward no. 02, Police station- Forbesganj, District- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Mukesh Kumar Rana, Advocate For the State :
Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-02-2025 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Jogbani PS Case no. 238 of 2024 instituted for the offences under Sections 21, 22 of the NDPS Act.
3.
Prosecution allegation, in short, is that 33 gram brown sugar was recovered from the possession of the petitioner.
4.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner
Patna High Court CR. MISC. No.8240 of 2025(2) dt.18-02-2025 2/2 further submits that petitioner has no concern with recovered contraband. The recovered contraband is below the commercial quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. The petitioner is in custody since 17-122024 and has got no criminal antecedent. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act. 5.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.
Considering the aforesaid facts and circumstances of the case, recovery below commercial quantity and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7.
Let the petitioner 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 Jogbani PS Case no. 238 of 2024.
(Rudra Prakash Mishra, J) Raj Kishore/- U T