Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32516 of 2025 Arising Out of PS. Case No.-175 Year-2024 Thana- KASBA District- Purnia ====================================================== Suraj Kumar S/o- Parmanand Thakur Village- Ram Tola Baluahi PS- Sri Nagar District-Purnea ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. N. K. Agrawal, Sr. Advocate Dr. Bidhu Ranjan , Advocate For the State :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-07-2025 Heard learned senior counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections Sections 8(c), 21(c) and 25 of the Narcotic Drugs and Psychotropic Substances Act.

3. As per the prosecution story, informant alleged that on 28.07.2024, the police, in course of regular checking, intercepted a white colored pick up van and while one person managed to escape, the other was apprehended. The apprehended person was Md. Sakir and the vehicle was of one Ashok Paswan and upon query and search, 40 cartons of 25 bottles each (100 ml.) totaling 600 codeine cough syrup were

Patna High Court CR. MISC. No.32516 of 2025(2) dt.18-07-2025 2/3 recovered/seized. Apprehended co-accused person disclosed that this petitioner used to provide the materials for sale.

4. It is submitted by learned senior counsel for the petitioner that petitioner is quite innocent and has committed no offence. Petitioner is neither owner nor driver of the seized vehicle. No incriminating article has been recovered from conscious possession of this petitioner and he has falsely been implicated in this case merely on the basis of confessional statement of co-accused persons who was apprehended on the spot. Petitioner has got no concern with the alleged recovery. Moreover, charge-sheet has already been submitted and petitioner is in custody since 01.03.2025.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the nature of accusation, the fact that no incriminating article has been recovered from conscious possession of this petitioner and period of custody, the prayer for grant bail of to the petitioner is allowed.

7. Accordingly, let the above named petitioner be released on bail 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. Act, Purnea in

Patna High Court CR. MISC. No.32516 of 2025(2) dt.18-07-2025 3/3 connection with Kasba P.S. Case No. 175 of 2024. (Prabhat Kumar Singh, J) shashank/- U T