Pradeep Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20818 of 2025 Arising Out of PS. Case No.-210 Year-2024 Thana- BHAGALPUR RAIL P.S. DistrictBhagalpur ====================================================== Pradeep Singh Son of Janta singh Resident of Village- Mohanpur Ghorghat, P.S.- Budhuchak, Distt.- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bhagalpur Rail P.S. case No. 210 of 2024 instituted for the offences under Sections 123, 303(2), 317(5) of the B.N.S., 2023 and Section 21(b) of the Narcotics Drugs and Psychotropic Substance Act, 1985.

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

Patna High Court CR. MISC. No.20818 of 2025(2) dt.22-04-2025 2/3 passengers in order to rob them of their valuables.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is in custody since 23.11.2024 and has two criminal antecedents. There is no allegation of tampering of witnesses alleged against the petitioner. Nothing incriminating has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner further submits that each Lorazepam 2 mg tablet contains 0.5 mg of NDPS substance and, thus, at best, 0.30 mg of NDPS substance is said to have been recovered from the possession of the petitioner which is much lessor than the minimum quantity and, thus, 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. Chargesheet has been submitted in this case.

5. Learned counsel for the petitioner further submits that the co-accused Ranjit Singh @ Kaluwa has already been granted bail by a Co-ordinate Bench of this Court vide order dated 07.03.2025 passed in Cr. Misc. No. 11713 of 2025.

6. 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.

Patna High Court CR. MISC. No.20818 of 2025(2) dt.22-04-2025 3/3

7. Considering the aforesaid facts and circumstances of the case and the quantity of contraband which is much below the small quantity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

8. 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 Bhagalpur Rail P.S. case No. 210 of 2024.

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