Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12555 of 2025 Arising Out of PS. Case No.-197 Year-2024 Thana- PIRBAHOR District- Patna ====================================================== Rakesh Kumar S/O Kishori Thakur @ Raj Kishor Sharma R/O MohallaGhaghat Ghat, Baksariya Tola, Near Devi Asthan, P.S.- Sultanganj, DistrictPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Krishna Jha, Advocate For the Opposite Party/s :

Mr.Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 09-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 21(c) and 22(c) of the N.D.P.S. Act.

3. The case of the prosecution is that one Sujanti Devi has given tenanted portions of her building to some persons. Room No. 304 was given to the petitioner on rent. It is alleged that huge quantity of medicines/psychotropic substance were recovered from the other portions of the building but not from the room of this petititoner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.12555 of 2025(3) dt.09-05-2025 2/3 connection with the present case. It is further submitted that nothing has been recovered from his possession rather the recovery is made from other room. It is further submitted that co-accused, namely, Dheeraj Kumar @ Dhiraj Kumar, who has occupied room no. 303, has been granted bail by a co-ordinate Bench of this Court vide order dated 17.01.2025 passed in Cr. Misc. No. 49902 of 2024. The case of the petitioner stands on similar footing. Moreover, the petitioner is languishing in judicial custody since 29.10.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail stating that the petitioner has two criminal antecedent, in which, he is on bail.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Pirbahore P.S. Case No. 197 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned District and Sessions Judge -cum- Special Judge, NDPS Act. (Ashok Kumar Pandey, J) Jagdish/- U T

Patna High Court CR. MISC. No.12555 of 2025(3) dt.09-05-2025 3/3