Gun Sagar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18803 of 2025 Arising Out of PS. Case No.-227 Year-2024 Thana- KURSAILA District- Katihar ====================================================== Gun Sagar Kumar Son Of Parshuram Mandal Village-Budha Nath Mandir PsJogsar District-Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra, Advocate Mr. Dhananjay Kumar Gupta, Advocate Mr. Atul Kumar, Advocate For the Opposite Party/s :

Ms. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with NDPS Case No. 113 of 2024, arising out of Kursela PS Case No. 227 of 2024 instituted for the offences under Sections 8(c) & 21(b) of the NDPS Act.

3.

Prosecution allegation, in short, is that there is recovery of 7.94 gram smack from the possession of coaccused, namely, Manas Kumar. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet been submitted in this case. No

Patna High Court CR. MISC. No.18803 of 2025(2) dt.02-04-2025 2/3 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 the recovered contraband as the same is recovered from the co-accused persons. 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 02-122024 and has got one criminal antecedent. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act. Other coaccused from whose possession recovery is made has been granted bail by this Court vide order dated 27-03-2025, passed in Cr. Misc. No. 18233 of 2025.

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, claim based on parity 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.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with NDPS Case No.

Patna High Court CR. MISC. No.18803 of 2025(2) dt.02-04-2025 3/3 113 of 2024, arising out of Kursela PS Case No. 227 of 2024. (Rudra Prakash Mishra, J) Raj Kishore/- U T