Ankit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36017 of 2025 Arising Out of PS. Case No.-128 Year-2025 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Ankit Kumar Son of Rajkapur Prasad Resident of village - Koirigawa, P.S.- Barhariya, District - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar, Advocate For the Opposite Party/s :

Dr. Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Siwan Muffasil P.S. Case No. 128 of 2025 instituted for the offences under Sections 8, 20(b)(ii)(A) of the N.D.P.S. Act.

3. Prosecution case, in short, is that total 100 grams of smack has been recovered from the dickey of the car.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Petitioner is in custody since 25.02.2025 and has no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. No incriminating material has been recovered from

Patna High Court CR. MISC. No.36017 of 2025(2) dt.16-06-2025 2/2 the conscious possession of the petitioner rather the recovery has been made from the dickey of the car and the petitioner is nowhere concerned with the said car. The recovered contraband is below commercial quantity, and hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act.

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

6. Considering the aforesaid facts and circumstances of the case, recovered contraband being less than commercial quantity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner 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 Court below/concerned Court in connection with Siwan Muffasil P.S. Case No. 128 of 2025.

(Rudra Prakash Mishra, J) Alok Verma/- U T