Patna High CourtCR. MISC./12595/2025bail granted

Ashik @ Md. Ashik v. The State Of Bihar

2025-03-04Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12595 of 2025 Arising Out of PS. Case No.-5 Year-2025 Thana- DAGARUA District- Purnia ====================================================== Ashik @ Md. Ashik Son of Md. Sharfuddin Resident of Telniya Raheka, P.S.- Dagarua, District - Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md Fazle Karim, Adv.

For the Opposite Party/s :

Ms.Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Dagarua P.S. case No. 5 of 2025 instituted for the offences under Sections 8(c), 21(b), 29 of the N.D.P.S. Act.

3. As per prosecution case, the police has recovered 10.25 Grams of Smack/Brown Sugar from the possession of the petitioner.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is in custody since 09.01.2025 and has no criminal antecedent. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has no

Patna High Court CR. MISC. No.12595 of 2025(2) dt.04-03-2025 2/3 concern with the seized contraband. 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, stating that the offence alleged is serious in nature and, hence, he does not deserve bail.

6. Considering the aforesaid facts and circumstances of the case, clean antecedent 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 Dagarua P.S. case No. 5 of 2025, subject to the following conditions; (i) One of the bailor(s) shall be the own/close family members of the petitioner.

(ii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the

Patna High Court CR. MISC. No.12595 of 2025(2) dt.04-03-2025 3/3 Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(Rudra Prakash Mishra, J) rishi/- U T