Kari Kapair @ Kari Kapar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35976 of 2025 Arising Out of PS. Case No.-68 Year-2025 Thana- JAYNAGAR District- Madhubani ====================================================== Kari Kapair @ Kari Kapar Son of Uttim Kapair @ Uttim Kapar Resident of village - Rampur Birtha, P.S.- Mirchaiya, District - Sirha (Nepal) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagan Deo Yadav, Advocate Mr. Ravi Prakash, Advocate Mr. Vinod Kumar, Advocate Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-06-2025 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 Jaynagar P.S. Case No. 68 of 2025 dated 06.03.2025 registered for the offences punishable u/s 8(c), 21(b), 21(c) and 22(c) of Narcotic Drugs and Phychotropic Substance Act.

3. As per the prosecution case, total 103.06 grams of brown sugar in one packet and 29.95 grams were recovered from the possession of the petitioner and the co-accused person. One motorcycle was also recovered.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. There is

Patna High Court CR. MISC. No.35976 of 2025(2) dt.23-06-2025 2/2 general and omnibus allegation against the petitioner. Nothing has been recovered from the conscious possession of the petitioner. The seized contraband is less than commercial quantity. Similarly situated co-accused persons have already been granted bail by the co-ordinate bench of this Court vide order dated 17.06.2025 passed in Cr. Misc. No. of 35685 of 2025. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 07.03.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

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, in connection with Jaynagar P.S. Case No. 68 of

7. This application is allowed.

(Chandra Prakash Singh, J) Raj Ranjan/- U T