Ranjit Singh @ Kaluwa v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11713 of 2025 Arising Out of PS. Case No.-210 Year-2024 Thana- BHAGALPUR RAIL P.S. DistrictBhagalpur ====================================================== Ranjit Singh @ Kaluwa, S/O Late Chandrashekhar Singh, R/O VillageMohanpur Ghorghat, P.S- Budhuchak, District- Bhagalpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjan Kumar Jha, Advocate For the Opposite Party/s :
Mrs.Asha Kumari, 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 the present case, the petitioner seeks bail in connection with Bhagalpur Rail P.S. Case No. 210 of 2024, registered for the alleged offences under Sections 123, 303(2), 317(5) of BNS, 2023 and Section 21 (b) of NDPS Act.
3. As per prosecution case, two persons moving in suspicious condition on railway platform were apprehended and from their possession, 7 tablets of Lorazepam (2mg) and 6 tablets of Lorazepam (2 mg) as well as some white powder were seized. The petitioner is one of the apprehended persons, who admitted administering the intoxicating substance to the passengers in order to rob them of their valuables.
Patna High Court CR. MISC. No.11713 of 2025(2) dt.07-03-2025 2/3
4. The learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. The total quantity of the contraband recovered from the petitioner is much less than 5 grams which is notified small quantity, but the police has shown it to be about 6 grams, i.e., just above the small quantity. The learned counsel further submits that the charge sheet has been submitted without any FSL report and it is not clear whether the recovery made from the petitioner is of any psychotropic substance. Further, sampling of the recovered articles has not been made in terms of Section 52A of the NDPS Act and it is against the direction of the Hon'ble Supreme Court issued from time to time. The petitioner is in custody since 23.11.2024. The petitioner is having criminal antecedent of three cases and he is on bail in such cases.
5. Learned APP opposes the submission made on behalf of the petitioner.
6. Having regard to the facts and circumstances of the case and submissions made hereinabove and considering the just above the small quantity of the contraband seized and further considering the period of custody of the petitioner and submission of charge sheet, the petitioner above named is
Patna High Court CR. MISC. No.11713 of 2025(2) dt.07-03-2025 3/3 directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Bhagalpur, in connection with Bhagalpur Rail P.S. Case No. 210 of 2024, subject to the 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 bonds of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) V.K.Pandey/- U T