Rajan Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24586 of 2025 Arising Out of PS. Case No.-317 Year-2024 Thana- Excise P.S. District- Nawada ====================================================== Rajan Kumar Gupta, S/o Yogesh Gupta, Resident of Village-Laxmipur, Parsauna, P.S.- Bhitha, District- West Champaran, ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 24-07-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner seeks bail in connection with Excise P.S. Case No.317 of 2024 registered for the offences punishable under Sections 8 and 20(ii)(b) of the Narcotic Drugs and Psychotropic Substances Act (in short 'N.D.P.S. Act').

3. The accused/petitioner is named in the FIR and is in custody since 30.04.2024.

4. Allegation against the petitioner is to have in possession of 10 kgs of ganja, which was found beneath the seat of bus, where the petitioner was sitting.

5. A report was called for by this Court vide order

Patna High Court CR. MISC. No.24586 of 2025(3) dt.24-07-2025 2/3 dated 30.04.2025 regarding the stage of trial and in compliance of the aforesaid order, a report was made available to this Court through Letter No.72/2025 dated 23.05.2025 suggesting that charge against the petitioner was framed on 14.02.2025 and not even a single prosecution witness was examined in this case.

6. It is submitted by learned counsel appearing for the petitioner that the recovery of alleged ganja cannot be said to be made from conscious physical possession of this petitioner. It is submitted that the recovery of ganja is less than commercial quantity, and, therefore, the rigours of Section 37 of the N.D.P.S. Act not appears to be applicable in present case. It is further submitted that the mandatory compliance regarding search, seizure and sampling also not appears to be followed, making entire investigation faulty. It is pointed out that petitioner is in custody since more than one year and there is almost no progress in trial, as not even a single prosecution witness has been examined in this case. It is submitted that the petitioner is a man of clean antecedent.

7. Learned APP opposed the prayer for grant of

Patna High Court CR. MISC. No.24586 of 2025(3) dt.24-07-2025 3/3 bail to the petitioner.

8. In view of aforesaid factual submissions and by taking note of fact as recovery of contraband appears less than commercial quantity, having no import of Section 37 of the N.D.P.S Act, coupled with the fact that compliance of mandatory provisions also appears prima facie doubtful, where petitioner is in custody since 30.04.2024 and not even a single prosecution witness has been examined till now, accordingly, the petitioner, above-named, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-I, Nawada in connection with Excise P.S. Case No.317 of 2024, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure (for short 'CrPC')/under Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita (for short 'BNSS').

(Chandra Shekhar Jha, J.) Sanjeet/- U T