Niraj Kumar @ Neeraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10065 of 2025 Arising Out of PS. Case No.-7 Year-2025 Thana- DAUDNAGAR District- Aurangabad ====================================================== Niraj Kumar @ Neeraj Kumar Son of Bhim Singh Village- Gamhari PS- Obra District -Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :
Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 13-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in connection with Daudnagar P.S Case No. 07 of 2025 from the Court of learned Principal District and Sessions Judge, Aurangabad registered for the offences punishable under Sections 20 (B) (ii) (c) of N.D.P.S Act,
3. As per allegation in the FIR, total 31.62 Kg Ganja recovered from the joint possession of the petitioner and coaccused persons.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is also submitted that petitioner is in judicial custody since 07.01.2025
Patna High Court CR. MISC. No.10065 of 2025(4) dt.13-05-2025 2/2 and petitioner has got no criminal antecedent as stated in para 3 of the petition. He further submits that seizure list witnesses are members of the raiding party hence there is no compliance of Section 50 of the N.D.P.S Act.
5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.
6. From perusal of the F.I.R., impugned order and case diary, it appears that total 31.62 Kg ganja recovered from the joint possession of the accused persons which is more than commercial quantity.
7. Considering facts and circumstances of the case, materials available on record and submissions made by the learned counsel for the parties, I am not inclined to grant regular bail to the petitioner.
8. Accordingly, prayer for regular bail of the petitioner is hereby rejected.
(Ramesh Chand Malviya, J) Mayank/- U T