Barun Kumar @ Girma Barun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29636 of 2025 Arising Out of PS. Case No.-49 Year-2024 Thana- BAISI District- Purnia ====================================================== Barun Kumar @ Girma Barun Kumar Son of Late Shyamakant Lal Das Resident of Village - Baliyari, Post - Sukheta, P.S.- Jhanjharpur, District - Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 20-05-2025 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, 20(b)(ii) (B) and 29 of the NDPS Act.

3. The case of the prosecution is that altogether 9.540 kg of ganja was recovered beneath the seat where the petitioner was sitting.

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 seizure list it will transpire that it was prepared at 1:20 PM on 13.03.2024

Patna High Court CR. MISC. No.29636 of 2025(2) dt.20-05-2025 2/3 and from perusal of the FIR, it will transpire that the information was received at 17:34 hours this goes to show that prior to information to police, the seizure list was made. He has further submitted that during course of seizure, no test was made even with the narcotics test kit. The informant has assumed that the material which has been received is contraband. Learned counsel for the petitioner has also submitted that though the contraband which has been recovered from the possession of this petitioner 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 14.03.2024.

5. Learned APP appearing for the State has vehemently 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 Baisi P.S. Case No. 49 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (N.D.P.S.

Patna High Court CR. MISC. No.29636 of 2025(2) dt.20-05-2025 3/3 Act), Purnea.

(Ashok Kumar Pandey, J) Shubham/- U T