Bittu Sah @ Bittu Kumar Sha @ Bittu Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21605 of 2025 Arising Out of PS. Case No.-32 Year-2025 Thana- MANIHARI District- Katihar ====================================================== Bittu Sah @ Bittu Kumar Sha @ Bittu Kumar Sah Son of Late Baijnath Sah Resident of Mohalla - Dakbangla Road Manihari, Ward No.- 11, P.S.- Manihari, District - Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimal Kumar, Advocate For the Opposite Party/s :
Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-04-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Manihari P.S. Case No. 32 of 2025, instituted for the offences under Sections 8(c) and 21(b) of the NDPS Act.
3. Prosecution allegation, in short, is that there is recovery of 20.39 gram of smack 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 the petitioner has got no
Patna High Court CR. MISC. No.21605 of 2025(2) dt.23-04-2025 2/2 concern with the alleged recovery of smack. 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 07.02.2025 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 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.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Manihari P.S. Case No. 32 of 2025.
(Rudra Prakash Mishra, J) Rajorshi/- U T