Deepak Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29475 of 2025 Arising Out of PS. Case No.-1157 Year-2024 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Deepak Ram S/O Late Basu Ram R/O Village- Jadamba Nagar Bairiya, Bus Stand, P.S- Ahiyapur, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Ahiyapur P.S. Case No. 1157 of 2024 instituted for the offences under Sections 8(c), 21(b), 25, 29 of the N.D.P.S. Act.

3. Prosecution case, in short, is that total 96.32 grams of smack has been recovered in this case, out of which 31.87 grams of smack has been recovered from this petitioner.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Petitioner is in custody since 25.08.2024 and has one criminal antecedent. There is no allegation of tampering of witnesses alleged against

Patna High Court CR. MISC. No.29475 of 2025(2) dt.30-04-2025 2/2 this the petitioner. No incriminating material has been recovered from the conscious possession of the petitioner. The recovered contraband is below commercial quantity, and hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. 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, recovered contraband being less than commercial quantity as also 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 Ahiyapur P.S. Case No. 1157 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T