Patna High CourtCR. MISC./15364/2025bail granted

Sujeet Kumar v. The State Of Bihar

2025-05-28Mr. Justice Sourendra Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15364 of 2025 Arising Out of PS. Case No.-352 Year-2024 Thana- DALSINGHSARAI District- Samastipur ====================================================== Sujeet Kumar S/O Sri Krishna Mohan Ray R/O Panapur Sukhnand, P.S.- Bidupur, Dist.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 28-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Dalsingsarai P.S. Case No. 352 of 2024 registered for the offences punishable under Sections 8, 20(b)(ii)(c) and 25 of the NDPS Act.

3. As per the prosecution case, on search of a Rest House, three male and one female were apprehended. They disclosed their names as Shivehandra Giri, Sujeet Kumar (Petitioner), Dolly Dey and Sapan Kumar. It is further alleged that in course of search of a room of the said Rest House, a total of 31.705 Kgs Ganja in 16 closed packets have been recovered. It is also alleged that from the possession of the petitioner a

Patna High Court CR. MISC. No.15364 of 2025(6) dt.28-05-2025 2/3 mobile has been recovered.

4. Learned counsel for the petitioner submits that the petitioner is quite innocent and has not committed any offence as alleged in the FIR. It has further been submitted that there is no compliance of Section 103 of the BNSS as there is no audio or video available on the record and the police has submitted charge sheet without the F.S.L. report. No incriminating article has been recovered from the conscious possession of the petitioner. Lastly, it has been submitted that the petitioner has a clean antecedent and has been in custody since 16.11.2024.

5. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case and taking into account that no recovery has been made from the conscious possession of the petitioner and the clean antecedent of the petitioner, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Principal District and Sessions Judge, Samastipur in connection with Dalsingsarai P.S. Case No. 352 of 2024, subject to following conditions:- a. One of the bailors of the petitioner shall be

Patna High Court CR. MISC. No.15364 of 2025(6) dt.28-05-2025 3/3 his close relative.

b. The petitioner shall remain physically present in Court on each date of the trial.

c. 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 petitioner in similar nature of offence, the bail bond of the petitioner will be liable to be canceled by the Court concerned.

d. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the abovementioned order shall not be delayed for purpose of or in the name of verification.

(Sourendra Pandey, J) Prakash/- U