Ramesh Kumar @ Kamlesh Kumar @ Ramesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17777 of 2025 Arising Out of PS. Case No.-1155 Year-2024 Thana- BIHTA District- Patna ====================================================== Ramesh Kumar @ Kamlesh Kumar @ Ramesh Yadav son of Budhan Ray Village- Gultera Bazar, Samasthu Asthan, ps- Bihta, Dist- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Union of India through the Director, Narcotic control Bureau Drugs and Psychotric Substances,Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Ravi Kant Kumar, Advocate For the State :

Mr. Ram Bilash Roy Raman, APP For the Union of India :

Mr. Alok Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-07-2025 Heard learned counsel appearing on behalf of the petitioner, learned A.P.P. appearing on behalf of the State and learned counsel appearing on behalf of the Union of India.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 8(c) and 21(a) of the N.D.P.S. Act.

3. As per prosecution case, 2.25 grams of smack was recovered from possession of co-accused Prakand Kumar who disclosed that this petitioner used to supply the same.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from conscious possession of this petitioner and he

Patna High Court CR. MISC. No.17777 of 2025(3) dt.08-07-2025 2/2 has falsely been implicated in this case merely on the basis of confessional statement of co-accused Prakand Kumar. Petitioner claims clean antecedents.

5. Learned A.P.P. for the State and learned counsel for the Union of India have vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the facts and circumstances of the case, the fact that no incriminating article has been recovered from conscious possession of this petitioner and clean antecedents, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge/Special Judge (N.D.P.S.), Patna in connection with Bihta P.S. Case No. 1155 of 2024, subject to condition as laid down under Section 482(2) of the B.N.S.S..

(Prabhat Kumar Singh, J) shashank/- U T