Manmohan Kumar Pandey @ Rajeev Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18894 of 2025 Arising Out of PS. Case No.-19 Year-2025 Thana- NAANPUR District- Sitamarhi ====================================================== Manmohan Kumar Pandey @ Rajeev Pandey Son of Dinesh Pandey Resident of Village- Koali Ward no 14, PS -Nanpur District-Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ayush Kumar, Advocate For the Opposite Party/s :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Naanpur P.S. Case No. 19 of 2025, instituted for the offences punishable under Sections 8, 20(B)II(A) of NDPS Act.

3. Prosecution allegation, in short, is that there is recovery of 190 gram Ganja from the shop 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 the petitioner has got no concern with the alleged recovery of Ganja. The petitioner is

Patna High Court CR. MISC. No.18894 of 2025(2) dt.07-04-2025 2/2 not the owner of the shop from where the alleged recovery has been made. The recovered contraband is below the small quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. The petitioner is in custody since 07.01.2025 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, the recovered contraband being below the small 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.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Naanpur P.S. Case No. 19 of 2025.

(Rudra Prakash Mishra, J) Rajorshi/- U T