Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13353 of 2025 Arising Out of PS. Case No.-713 Year-2024 Thana- LAHERIYASARAI District- Darbhanga ====================================================== Vishal Kumar S/O Ajay Ram @ Ajay Kumar Ram R/O Village/MohallaWard No. 34, Rahamganj, P.S- Laheriasarai, Distt.- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 07-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In this present case, the petitioner seeks bail in connection with Laheriasarai P.S. Case No. 713 of 2024 registered for the offences under Sections 8(c), 21(c), 29 and 35 of the NDPS Act.

3. As per prosecution case, police received information about the person selling narcotic drugs and for verification of the information, police reached at the identified spot and found the petitioner who tried to run away on seeing the police party. The person was apprehended after chase and from a polythene in possession of the petitioner, recovery of 232 Pyeevon Spas Plus was made.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.13353 of 2025(2) dt.07-03-2025 2/3 petitioner submits that the petitioner is innocent and has been falsely implicated in this case. In fact the petitioner is a sanitary worker and nothing incriminating has been recovered from the person or possession of the petitioner. There is no compliance of Sections 42, 50 and 52A of the NDPS Act. Learned counsel further submits that allegedly recovered medicine is sold by non-proprietary name as Tramadol and recovery of 11.6 gram of Tramadol is much less the commercial quantity though it is more than the small quantity notified by the Union of India. Petitioner is in custody since 15.12.2024 and charge-sheet has been submitted. Petitioner is having clean antecedent.

5. Learned A.P.P. opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the clean antecedent of the petitioner as well as his period of custody and submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum-Special Judge (NDPS) Darbhanga/concerned court in connection with Laheriasarai P.S. Case No. 713 of 2024,

Patna High Court CR. MISC. No.13353 of 2025(2) dt.07-03-2025 3/3 subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and other following conditions: (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T