Bittu Das @ Bidhu Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27403 of 2025 Arising Out of PS. Case No.-329 Year-2024 Thana- BARAULI District- Gopalganj ====================================================== Bittu Das @ Bidhu Das, son of Shivji Das, Resident of Village -Batardeh P.S.- Barauli, Dist- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saurabh Kumar, Advocate Mr. Shaswat Sahil Singh, Advocate For the State :

Mrs. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 06-05-2025 Heard Mr. Saurabh Kumar, learned counsel for the petitioner and Mrs. Nirmala Kumari, learned APP for the State.

2. Petitioner seeks regular bail in connection with Barauli P.S. Case No. 329 of 2024 dated 12.12.2024 registered for the offences punishable under Sections 8(c) and 21(c) of the N.D.P.S. Act.

3. The main submissions advanced by petitioner's counsel are that the instant matter relates to the recovery of smack like material but petitioner is only concerned to the recovery of 13.99 gram smack like material, though, the second recovery relates to 535.04 gram smack but the same is alleged to have been made from the possession of the co-accused, Vijaimal Yadav and as per the allegation, the petitioner used to purchase the seized narcotic material from the said co-accused

Patna High Court CR. MISC. No.27403 of 2025(2) dt.06-05-2025 2/2 and the quantity of the alleged contraband which is said to have been recovered from the possession of this petitioner, falls in the purview of intermediate quantity. It is lastly submitted that while searching and seizing the alleged contraband, the provisions of Section 52 of the NDPS Act were not followed by the raiding party and the petitioner has been languishing in jail since 13.12.2024 having fair and clean antecedent.

4. Learned APP for the State has opposed the prayer for bail of the petitioner.

5. Considering the aforesaid submissions and mainly the quantity of the contraband which is said to have been recovered from the possession of this petitioner and also, the young age of the petitioner, his fair and clean antecedent and custody period, this Court is inclined to grant him the relief of bail. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Barauli P.S. Case No. 329 of 2024.

(Shailendra Singh, J) maynaz/- U T