Dhiraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22635 of 2025 Arising Out of PS. Case No.-90 Year-2025 Thana- RAJIVNAGAR District- Patna ====================================================== 1.
Dhiraj Kumar, Male, aged about 24 years.
2.
Subham Kumar, Male, aged about 20 years.
Both sons of Sri Raj Kumar Singh, Resident of Village- Ramji Chak, P.S.- Digha, District- Patna.
3.
Ranjan Kumar, Male, aged about 24 years, Son of Sanjay Kumar Sah, Resident of Naya Gaon, P.S.- Raiyam, District- Darbhanga. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Madhav Raj, Advocate For the Opposite Party/s :
Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 23-04-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in connection with Rajeev Nagar P.S. Case No. 90 of 2025 instituted for the offences punishable under Sections 8, 20(b)(ii) (B) and 22(B) of the N.D.P.S. Act.
3. As per the prosecution case, the allegations against the accused persons (petitioners) are that 1.8 Kgs of Ganja was recovered from a room in which the petitioners were present.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence and
Patna High Court CR. MISC. No.22635 of 2025(2) dt.23-04-2025 2/3 have falsely been implicated in this case. He submits that the alleged Ganja was recovered from a bag which was kept in an almirah and nothing has been recovered from their conscious possession. He further submits that 1.8 Kgs of Ganja was alleged to be recovered from a room where all the three petitioners were present. Petitioners have got clean antecedent as stated in para 3 of the petition is in custody since 05.02.2025.
5. Learned APP opposes the prayer for bail and submits that 1.8 Kgs of Ganja has been recovered from a room from where the petitioners were apprehended.
6. From perusal of the FIR and impugned order of the learned Sessions Judge/Special Judge (NDPS), Patna dated 11.03.2025, it appears that petitioners are named in the FIR. It also appears that on the basis of written report of the informant Sunil Paswan, Police Sub-Inspector, FIR has been registered under Sections 8, 20(b)(ii) (B) and 22(B) of the N.D.P.S. Act against three named accused persons (all petitioners). It appears that total 1.8 Kgs Ganja has been recovered from the joint possession of all the above three petitioners. From bare perusal of the seizure list, it appears that all the two seizure list witnesses are the police personnel, so considered all aspects of the matter, quantity of recovered articles and other aspects of the
Patna High Court CR. MISC. No.22635 of 2025(2) dt.23-04-2025 3/3 matter as well as submissions of learned counsel for the petitioners, I am inclined to grant regular bail to the petitioners.
7. Accordingly the prayer for regular bail of the petitioners are allowed. Let the petitioners above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Patna in connection with Rajeev Nagar P.S. Case No. 90 of 2025. (Ramesh Chand Malviya, J) Anand Kr.
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