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Patna High CourtCR. MISC./36956/2025bail granted

Prasenjeet Singha v. The State Of Bihar

2025-06-18Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36956 of 2025 Arising Out of PS. Case No.-9 Year-2025 Thana- GALGALIYA District- Kishanganj ====================================================== 1.

Prasenjeet Singha son of Manmohan Singha R/v- Buraganga Fodigalhh, Kharibari, PS -Ghospukhar, District-Darjeeling State- West Bengal 2.

Md. Aifan Son of Salimuddin village- Purwa hawra Bitta , Kharibari, PsKhoribari, Dist- Darjeeling, State- West Bengal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 18-06-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners seek bail in connection with Galgaliya P.S. Case No. 09 of 2025 dated 18.01.2025, instituted for the offence punishable under Sections 8 (c), 21(b), 29 of the NDPS Act.

3. The allegation is of recovery of 6 grams brown sugar like substance each from the conscious possession of the petitioners.

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is further submitted that police did not follow the

Patna High Court CR. MISC. No.36956 of 2025(2) dt.18-06-2025 2/2 mandatory provisions of Section 50 of the NDPS Act. The allegation against the petitioners is of recovery of 6 grams brown sugar like substance each from the conscious possession of the petitioners which is less than commercial quantity. Lastly, it has been submitted that the petitioners are in custody since 19.01.2025. Petitioner no. 1 has one criminal case against him whereas petitioner no. 2 has no criminal antecedents and chargesheet has been submitted in the case.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned court of Sessions Judge-cum- Special Judge (NDPS Act), Kishanganj in Galgaliya P.S. Case No. 09 of 2025.

(Khatim Reza, J) Sankalp/- U T