Ravish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8964 of 2025 Arising Out of PS. Case No.-335 Year-2024 Thana- JAYNAGAR District- Madhubani ====================================================== Ravish Kumar Son of Vinod Yadav Village-Khairamath, Ward No 10, PostBela, PS- Jainagar, Distt- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ratnakar Jha, Advocate For the Opposite Party/s :
Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-06-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with GR No. 84 of 2024 arising out of Jainagar P.S. Case No. 335 of 2024 instituted for the offences under Sections 8, 20(b)(ii)(b), 22(b) of the N.D.P.S. Act.
3. Prosecution case, in short, is that 200 grams of brown sugar has been recovered in this case.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Petitioner is in custody since 24.11.2024 and has no criminal antecedent. There is no allegation of tampering of witnesses alleged against the
Patna High Court CR. MISC. No.8964 of 2025(3) dt.23-06-2025 2/2 petitioner. No incriminating material has been recovered from the conscious possession of the petitioner. The recovered contraband is below commercial quantity, and hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. 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, the quantity of the recovered contraband being less than commercial quantity as also 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 GR No. 84 of 2024 arising out of Jainagar P.S. Case No. 335 of 2024. (Rudra Prakash Mishra, J) Alok Verma/- U T