Shekhar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13380 of 2025 Arising Out of PS. Case No.-116 Year-2024 Thana- RUPAULI District- Purnia ====================================================== Shekhar Kumar Son of Bablu Yadav @ Bablu Kumar Resident of Village - Dhobgidha, P.S. - Rupauli, District - Purnea ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Bhola Prasad, Advocate For the Opposite Party :

Mr. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-03-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Rupauli P.S. Case No. 116/2024 dated 13.08.2024 registered for the offence punishable u/s 8(c) and 21(b) of the N.D.P.S. Act.

3. As per the prosecution case, total 8.05 grams of smack was recovered from the motorcycle kept beneath the seat of the motorcycle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The name of the

Patna High Court CR. MISC. No.13380 of 2025(2) dt.20-03-2025 2/3 petitioner was disclosed by the apprehended person who disclosed that the petitioner is a purchaser. The seized contraband is less than commercial quantity. The petitioner has two antecedents which are related to similar nature of offence as stated in para 3 of the bail petition. The petitioner is in custody since 14.12.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Purnea in connection with Rupauli P.S. Case No. 116/2024, with the condition ;- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

Patna High Court CR. MISC. No.13380 of 2025(2) dt.20-03-2025 3/3 (ii). If the petitioner is found involved in similar nature of offence in the future, the prosecution will be at liberty to move for cancellation of his bail bonds.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T