Raushan Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26912 of 2025 Arising Out of PS. Case No.-82 Year-2025 Thana- ARWAL District- Jehanabad ====================================================== Raushan Chaudhary S/O Rajkumar @ Rajkumar Chaudhary R/O Vil.- Arwal Sipah, P.S.- Arwal, Dist.- Arwal ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjay Kumar Singh, Advocate For the Opposite Party/s :
Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Arwal PS Case No. 82 of 2025 instituted for the offences under Sections 8(c) & 21(a) of the NDPS Act.
3.
Prosecution allegation, in short, is that total 4.25 grams brown sugar was recovered from possession of the coaccused, including the petitioner. 4.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner
Patna High Court CR. MISC. No.26912 of 2025(2) dt.06-05-2025 2/2 further submits petitioner has no concern with the recovered arm. The recovered contraband is below the small quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. The petitioner is in custody since 07-03-2025 and has got one criminal antecedent. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act.
5.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.
Considering the aforesaid facts and circumstances of the case, recovery below small quantity and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7.
Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Arwal PS Case No. 82 of 2025.
(Rudra Prakash Mishra, J) Raj Kishore/- U T