Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9440 of 2025 Arising Out of PS. Case No.-351 Year-2024 Thana- JANKINAGAR District- Purnia ====================================================== Abhishek Kumar S/o- Prakash Yadav Village- Chandpur Bhangaha, ward no 15,Ps- Jankinagar, Dist- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 16-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Jankinagar P.S. Case No. 351 of 2024 dated 24.09.2024, instituted for the offence punishable under Sections 8(C), 21(C), of the N.D.P.S. Act.

3. The allegation is of recovery of 30 bottles i.e. 3 litres Codeine Syrup from the dickey of the motorcycle bearing Registration No. BR-38V-1697, which belongs to co-accused Ritesh Yadav.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that nothing has been recovered from the conscious possession of the petitioner rather the incriminating articles has been recovered from the dickey of

Patna High Court CR. MISC. No.9440 of 2025(3) dt.16-05-2025 2/2 motorcycle which does not belong to the petitioner. It is also submitted that petitioner was not arrested on the spot. The name of the petitioner has been dragged in this case only on the basis of disclosure made by local people of that area. It is next submitted that similarly situated co-accused person namely, Ritesh Yadav @ Ritesh Kumar has been granted bail vide order dated 06.03.2025 passed by a Co-ordinate Bench of this court in Criminal Miscellaneous No. 9623 of 2025. Lastly, it has been submitted that the petitioner is in custody since 04.01.2025 having no criminal antecedents and charge-sheet has been submitted in the case.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge N.D.P.S. Act, Purnea in Jankinagar P.S. Case No. 351 of 2024. (Khatim Reza, J) Sankalp/- U T