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Patna High CourtCR. MISC./15903/2025bail granted

Prince Kumar @ Prince Roy v. The State Of Bihar

2025-04-02Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15903 of 2025 Arising Out of PS. Case No.-264 Year-2024 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Prince Kumar @ Prince Roy S/o Viveka Roy R/o Vill.- Raghunathpur, P.S.- Sahebpur Kamal, Distt.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Yadav, Advocate For the State :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 02-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Sahebpur Kamal P.S. Case no. 264 of 2024 (Begusarai N.D.P.S. Case no. 41 of 2024) instituted under Sections 20 and 22 of the NDPS Act.

3. As per the prosecution case, on information having been received, the informant proceeded to verify the contents thereof. It is stated that on seeing police personnel, two persons escaped taking benefit of the darkness. It is further stated that on search being conducted, 27 grams of ganja was recovered.

Patna High Court CR. MISC. No.15903 of 2025(2) dt.02-04-2025 2/3

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. No incriminating article has been recovered as alleged in the F.I.R. It is further submitted that from the contents of the F.I.R. itself it would be evident that the alleged place of recovery was an incompletely constructed house as a result there were number of openings. Thus, it could not be said that the house was under the exclusive control of the petitioner and not accessible to persons from outside. The petitioner has no antecedent under the NDPS Act.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation of alleged recovery of 27 grams of ganja from an incompletely constructed house and the petitioner not having any antecedent under the NDPS Act, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Sahebpur Kamal P.S. Case no. 264 of 2024 (Begusarai N.D.P.S. Case no. 41 of 2024) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties

Patna High Court CR. MISC. No.15903 of 2025(2) dt.02-04-2025 3/3 of the like amount each to the satisfaction of the learned Additional Session Judge Ist-cum-Special Judge NDPS, Begusarai.

(Sandeep Kumar, J) P. Kumar U T