Kishan Kumar @ Krishna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33965 of 2025 Arising Out of PS. Case No.-187 Year-2024 Thana- RUPAULI District- Purnia ====================================================== Kishan Kumar @ Krishna Kumar S/o Late Jay Prakash yadav @ Jay Parkash Singh Resident of Village- Rampur, Parihat, P.S.- Rupauli, Distt- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhola Prasad, Adv.

For the Opposite Party/s :

Mr.Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-07-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Rupauli P.S. Case No. 187 of 2024 dated 25.11.2024 registered for the offences punishable u/ss 8(c), 21(b) of the NDPS Act.

3. As per the prosecution case, total 6.31 gms. smack/ brown sugar, electronics weighing machine and motorcycle were recovered from the possession of the petitioner. 100.47 gms. smack/brown sugar and mobile with Sim recovered from the possession of the co-accused, Shekhar Kumar and 6.20 gms. smack/brown sugar as well as mobile with Sim were recovered from the conscious possession of the co-accused, Gulsan

Patna High Court CR. MISC. No.33965 of 2025(2) dt.28-07-2025 2/3 Kumar.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no concern with the alleged recovery. The seized contraband is less than commercial quantity. The petitioner has two criminal antecedents which are related to the simimlar nature of offence as stated in para 3 of the bail petition. The petitioner is in custody since 10.02.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner who had no valid authorization for keeping the said contraband.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to 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 learned Court concerned, Purnea in connection with Rupauli P.S. Case No. 187 of 2024, with the condition- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

Patna High Court CR. MISC. No.33965 of 2025(2) dt.28-07-2025 3/3 (ii) If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bonds.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T