Bablu Kumar Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36732 of 2025 Arising Out of PS. Case No.-190 Year-2024 Thana- SARSI District- Purnia ====================================================== Bablu Kumar Mehta S/O Nandlal Mehta Resident of Village- Masuria, P.SChampanagar, Distt.- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhola Prasad, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Sarsi P.S. Case No. 190 of 2024 instituted for the offence under Sections 8(c) & 21(b) of the NDPS Act.

3.

On 17.10.2024, police, acting on secret information, intercepted a Bolero vehicle and recovered 98.99 grams of smack and Rs. 88,000/-, leading to the arrest of Rahul Kumar Mehta and Ashish Kumar Mehta.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 06-04-2025. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.36732 of 2025(2) dt.18-06-2025 2/3 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Name of the petitioner has transpired in this during course of investigation. Nothing has been recovered from the petitioner's possession. Even though the recovery so made is below commercial quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. There is no compliance of Sections 42 & 50 of the NDPS Act. Charge sheet has already been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, recovery below commercial quantity and charge sheet being submitted, this Court is inclined to grant bail to the petitioner. 8.

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 Sarsi P.S. Case No. 190 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

Patna High Court CR. MISC. No.36732 of 2025(2) dt.18-06-2025 3/3 (II) The petitioner shall appear on each and every date 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) Raj Kishore/- U T