Nitesh Kumar @ Nilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16172 of 2025 Arising Out of PS. Case No.-607 Year-2024 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Nitesh Kumar @ Nilesh Kumar Son of Late Shankar Singh villageNayagaon, Ward no. 04, ps- Nayagaon, Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shubhesh Pandey, APP For the Opposite Party/s :

Mr. Satya Nand Shukla, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 11-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 8/20(B)(ii) (a)/22(A) of the NDPS Act.

3. The case of the prosecution is that altogether 12 grams of smack like material was recovered from the possession of this petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. In this case, mandatory provisions of Section 50 of the NDPS and Section 100 of the Cr.P.C. have not been followed. It has also been submitted by learned counsel for the petitioner that the amount of contraband

Patna High Court CR. MISC. No.16172 of 2025(2) dt.11-04-2025 2/2 which has been recovered from the possession of this petitioner is though more than small quantity but is much less than the commercial quantity. Moreover, he is languishing in judicial custody since 06.11.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Begusarai Nagar P.S. Case No. 607 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge I cum Special Judge, NDPS, Begusarai.

(Ashok Kumar Pandey, J) Shubham/- U T