Santosh Kumar @ Santosh Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13001 of 2025 Arising Out of PS. Case No.-137 Year-2024 Thana- BAKHTIYARPUR District- Patna ====================================================== Santosh Kumar @ Santosh Prasad S/O Devan Mahto Resident of villageJagidishpur, P.S- Bakhtiyarpur, District- Patna ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar Singh For the Opposite Party/s :
Mr. Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 13-05-2025 Heard the learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Bhakhtiyarpur P.S. Case No. 137 of 2024 registered for the offence under Sections 8(B), 8(C), 18, 29, 46 of the NDPS Act.
3. As per the prosecution case, petitioner as a bataidar has been found to be cultivating opium. 20 trees of opium have been found in the field.
4. Learned counsel for the petitioner submits that petitioner is innocent and has not committed any offence. Petitioner is in custody since 11.11.2024 and claims clean antecedent.
5. Learned A.P.P. appearing for the State has vehemently opposed the prayer for bail.
Patna High Court CR. MISC. No.13001 of 2025(3) dt.13-05-2025 2/2
6. Considering the aforesaid facts and circumstances, this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, 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 the learned Sessions Judge-cum-Special Judge, NDPS Act, Patna/concerned Court below in connection with Bhakhtiyarpur P.S. Case No. 137 of 2024 subject to conditions that:- (i).
The petitioner will mark his attendance at the Bhakhtiyarpur Police Station on every Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bonds of the petitioner. (ii). Before accepting the bail-bond of the petitioner, the court below will verify the antecedent of the petitioner. If the petitioner is found having clean antecedent, the bail-bonds of the petitioner shall be accepted. If the petitioner is found having criminal antecedent(s), his bailbonds shall not be accepted by the court below.
8. This application for regular bail stands allowed. (Sandeep Kumar, J) Shishir/- U T