Subhas Prasad Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22178 of 2025 Arising Out of PS. Case No.-651 Year-2024 Thana- SIKARPUR District- West Champaran ====================================================== Subhas Prasad Kushwaha son of Bhikham Mahato village- Dumdumwa, psSathi, Dist- west Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Shikarpur PS Case No. 651 of 2024 instituted for the offences under Sections 8, 20(b)(ii)(c) & 23(c) of the NDPS Act. And Section 178 of the Bharatiya Nyaya Sanhita, 2023. 3.

Prosecution allegation, in short, is that police has recovered total 1.822 Kg charas from the Swift Dzire vehicle. The police has also recovered counterfeit currency from the alleged vehicle.

4.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.22178 of 2025(5) dt.22-08-2025 2/3 petitioner is innocent and has falsely been implicated in the present case. Charge-sheet been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner further submits that petitioner is the owner of the vehicle but in this regard, it is submitted that petitioner had given the vehicle to his brother-in-law who had given it to apprehended coaccused, namely, Radhe Shyam Hajara. The petitioner is in custody since 29-01-2025 and has got no criminal antecedent. Petitioner has no concern with the recovered contraband. 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, since petitioner was not even present at the place of occurrence and merely he is owner of the car in question due to which he has been roped in this case 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 Shikarpur PS Case

Patna High Court CR. MISC. No.22178 of 2025(5) dt.22-08-2025 3/3 No. 651 of 2024.

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