Sumit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40321 of 2025 Arising Out of PS. Case No.-1399 Year-2024 Thana- MADHEPURA District- Madhepura ====================================================== Sumit Kumar S/O Gajendra Yadav @ Gajendra Prasad Yadav R/O VillageSabaila, Dighra, Ward No. 16, PS- Ghailarh, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kumari Rashmi, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-07-2025 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Madhepura P.S. Case No. 1399 of 2024 registered for the offence under Sections 8(c), 2(b) of the N.D.P.S. Act.

3. As per the prosecution case, there is recovery of 100 gram of smack from the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence. The petitioner is in custody since 13.12.2024 and claims clean antecedent.

5. Learned A.P.P. appearing for the State has vehemently opposed the prayer for bail.

6. Considering the facts and circumstances of the case and the period of custody, this application for regular bail is allowed.

Patna High Court CR. MISC. No.40321 of 2025(2) dt.09-07-2025 2/2

7. Accordingly, let the petitioner, above named, 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 the learned Additional Sessions Judge-II, Madhepura/concerned Court below in connection with Madhepura P.S. Case No. 1399 of 2024 subject to condition that:- (i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(ii) The petitioner will mark his attendance at the Ghailarh Police Station on the every Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bonds of the petitioner. (iii) Before accepting the bail-bond of the petitioner, the court below will verify the antecedent of the petitioner. If the petitioner is found having clean antecedent, the bail-bonds of the petitioner shall be accepted. If the petitioner is found having criminal antecedent(s), his bail-bonds shall not be accepted by the court below.

8. This application for regular bail stands allowed.. (Sandeep Kumar, J) anand/- U T