Patna High CourtCR. MISC./14180/2025bail granted

Shashi Kumar v. The State Of Bihar

2025-07-15Mr. Justice Sourendra Pandey4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14180 of 2025 Arising Out of PS. Case No.-7 Year-2025 Thana- DAUDNAGAR District- Aurangabad ====================================================== Shashi Kumar S/O Vijendra Singh Village- Chauram, P.S.- Daudnagar, District- Aurangabad ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 18213 of 2025 Arising Out of PS. Case No.-7 Year-2025 Thana- DAUDNAGAR District- Aurangabad ====================================================== Renu Kumari D/O Shiv Kumar Prajapati, W/O Raju Kumar R/O Vill.- Sadipur, P.S.- Obra, Dist.- Aurangabad.

... ... Petitioner/s

Versus

The State of Bihar Patna 2.

The Superintendent, Narcotics, Drugs and Psychotropic Act, Patna, Bihar ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 14180 of 2025) For the Petitioner/s :

Mr. Rakesh Singh, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP (In CRIMINAL MISCELLANEOUS No. 18213 of 2025) For the Petitioner/s :

Mr. Sunil Kumar, Advocate For the Opposite Party/s :

Mr. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 15-07-2025 Heard learned counsel for the petitioners and learned A.P.P for the State.

2. The petitioners seek bail in a case instituted for the offence under Sections 20(B)(ii)(c) of the NDPS Act.

3. As per the prosecution case, the police personnel during patrolling saw three persons coming on foot with a

2/4 trolley bag. The police intercepted them and one of the accused, namely Niraj Kumar, was searched and a total of 11.22 kg of ganja was recovered. Subsequent thereto, two other accused persons who were apprehended disclosed the names of Shashi Kumar (petitioner) and Renu Kumari (petitioner) and from their possession a total of 14.28 kg and 6.12 kg of Ganja, respectively, was recovered.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case and no such recovery as alleged has been made from their conscious possession. Learned counsel has further submitted that the quantity of the Ganja seized is more than the small quantity but much less than the commercial quantity. It has next been submitted that the seizure list was not prepared following the mandatory provisions of Section 50 of the N.D.P.S. Act. Lastly, it has been submitted that the petitioners have clean antecedent and have been in judicial custody since 07.01.2025.

5. The learned APP for the State vehemently opposed the prayer for bail of the petitioners.

6. Considering the submissions made by the respective parties and taking into account that the petitioners have clean

3/4 antecedent, let the petitioners, above named, be enlarged on bail, upon each of them furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/concerned court, in connection with Daudnagar P.S. Case No. 7 of 2025 subject to the following conditions : a. One of the bailors of the petitioners shall be their close relative.

c. The petitioners shall remain physically present in Court on each date of the trial.

d. In case of absence on two consecutive dates, or in violation of the terms of the bail and if the prosecution is found involvement of the petitioners in similar nature of offence, the bail bond of the petitioners will be liable to be canceled by the Court concerned.

e. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds

4/4 in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

7. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) Prakash/- U