Abhinandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24800 of 2025 Arising Out of PS. Case No.-3 Year-2025 Thana- Pothia District- Katihar ====================================================== Abhinandan Kumar Son of Hemkar Mandal @ Hemkar Resident of VillageKhaira, Ward No. 10, P.S.- Pothia District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar Singh, Advocate For the Opposite Party/s :

Mr.Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 19-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 8(c) and 21(b) of the N.D.P.S. Act.

3. The case of the prosecution is that from the possession of this petitioner altogether 9 puriya of smack was recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Learned counsel for the petitioner has submitted that from perusal of the FIR and seizure list, it will transpire that nowhere the weight of the contraband is given which was recovered from the possession of this

Patna High Court CR. MISC. No.24800 of 2025(2) dt.19-05-2025 2/2 petitioner rather the wight of the contraband which was recovered from three persons who were on a bike is given in the seizure list. Learned counsel for the petitioner submits that the contraband weighed five grams. It has also been submitted that though the contraband is more than small quantity but is much less than commercial quantity. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 08.01.2025.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Pothia P.S. Case No. 03 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Katihar. (Ashok Kumar Pandey, J) Shubham/- U T