Sonu Kumar Bharti @ Sonu Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16307 of 2026 Arising Out of PS. Case No.-5 Year-2026 Thana- RUPASPUR District- Patna ====================================================== Sonu Kumar Bharti @ Sonu Giri S/o- Yogendra Bharti R/o- Mane Mathiya, P.s- Ekma Dist- Saran Chapra , Present R/o- Vijay Nagar, Road No- 8 , Renter Urmila Palce P.s- Rupaspur , Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ghanshyam Tiwary, Advocate For the Opposite Party/s :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-03-2026 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Rupaspur PS Case No. 05 of 2026 instituted for the offences under Sections 8(c), 21(B), 8, 20(B)(II)(A) of the NDPS Act. 3.

Prosecution allegation, in short, is that there is recovery of 14 grams smack and 19 grams ganja from the possession of the petitioner.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner further submits that petitioner has no concern with

Patna High Court CR. MISC. No.16307 of 2026(2) dt.13-03-2026 2/3 the recovered contraband and the same is planted by the police party. The recovered contraband is below the commercial quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. The petitioner is in custody since 06.01.2026 and has got no criminal antecedent. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, recovery below commercial quantity and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Rupaspur PS Case No. 05 of 2026, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the

Patna High Court CR. MISC. No.16307 of 2026(2) dt.13-03-2026 3/3 bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T