Golu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51000 of 2025 Arising Out of PS. Case No.-276 Year-2024 Thana- SARAI District- Vaishali ====================================================== Golu Kumar S/o Lalu Ray R/o Village/ Mohalla- Kachauri Gali, Chhoti Mandir, P.S.- Chowk Patna City, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shivjee Singh, Advocate For the Opposite Party/s :
Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-08-2025 Heard Mr. Shivjee Singh, learned counsel for the petitioner and Mr. Choubey Jawahar, learned APP for the State.
2. The petitioner seeks bail in connection with Sarai P.S. Case No. 276 of 2024, instituted for the offences punishable under Sections 8, 20(B)(ii)(B) and 29 of the NDPS Act.
3. Prosecution allegation, in short, is that there is recovery of 16.240 Kg of Ganja from the car and petitioner along with other co-accused persons were arrested on spot.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner
Patna High Court CR. MISC. No.51000 of 2025(3) dt.07-08-2025 2/3 further submits that the petitioner has got no concern with the alleged recovery of Ganja. The petitioner is not the owner of the car in question rather he was only driver of the car in question. The recovered contraband is below the commercial quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. The petitioner is in custody since 09.12.2024 and has got no criminal antecedent. 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, the recovered contraband being below the commercial quantity and 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.15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sarai P.S. Case No. 276 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date
Patna High Court CR. MISC. No.51000 of 2025(3) dt.07-08-2025 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Rajorshi/- U T