Jugnu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25799 of 2025 Arising Out of PS. Case No.-22 Year-2025 Thana- RUPAULI District- Purnia ====================================================== Jugnu Kumar Son of Sunil Yadav Resident of AJhokhopa,Ward No. -7, P.S.- Rupauli, District - Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md Fazle Karim, Adv.

For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ========================= ============================= CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 02-05-2025 Heard learned counsel for the petitioner as well as the counsel appearing for the respondent-State.

2. It is the first regular bail application submitted by the petitioner who has been arrested in connection with Rupauli P.S. Case No. 22 of 2025 for the alleged offences punishable under Section 8 (c) and 21 (b) of the N.D.P.S Act.

3. According to the case of prosecution, on 02.02.2025, on the basis of secret information received from the informant, the investigating officer of the case reached the shop of co-accused Sudhanshu Kumar, there the present applicant along with three other persons was present. On being searched one lighter has been seized from the present applicant and allegedly 7.31 grams of smack was also recovered from the co-accused Sudhanshu Kumar.

4. It is submitted by the counsel for the petitioner that the petitioner is innocent and is falsely implicated in this case. There is

Patna High Court CR. MISC. No.25799 of 2025(2) dt.02-05-2025 2/2 no recovery of any type of smack from the present applicant. He further submits that he is in custody since 03.02.2025 and has no previous antecedent. Further, the co-accused Sudhanshu Kumar from whom the smack was recovered and the other co-accused person Monu Kumar has already been granted benefit of bail by the Coordinate Bench of this Court vide Order dated 29.04.2025 passed in Cr. Misc. No. 22428 of 2025. Therefore, on these grounds, it is prayed that the petitioner may also be granted benefit of bail.

5. Learned counsel appearing on behalf of respondentState opposes the prayer of bail.

6. Considering the submission put forth by the counsels and further considering the fact that the co-accused Monu Kumar and Sudhanshu Kumar has already been granted benefit of bail and no smack has been recovered from the possession of the petitioner. I am of the view that the present applicant should also be granted the benefit of bail. Accordingly, the petition is allowed. The petitioner is directed to be released on bail in connection with Rupauli P.S. Case No. 22 of 2025 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties to the like amount each to the satisfaction of the learned Special Judge (N.D.P.S.) Act, Purnea. (Arvind Singh Chandel , J) Siddharth Soni/- U T