Ranjan Kumar Yadav @ Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36859 of 2025 Arising Out of PS. Case No.-128 Year-2025 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Ranjan Kumar Yadav @ Ranjan Kumar S/O Dwarika Yadav R/O VillageChandpali, PS- Ziradei, Distt- 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 :

Mr. Chandra Sen Prasad Singh, 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 Siwan Muffasil P.S. Case No. 128 of 2025, instituted for the offences punishable under Sections 8, 20(B)II(A) of the NDPS Act.

3. Prosecution allegation, in short, is that there is recovery of 100 gram smack from Mahindra Thar car and the petitioner was apprehended on spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner further submits that the petitioner is neither owner

Patna High Court CR. MISC. No.36859 of 2025(2) dt.18-06-2025 2/2 nor driver of the car in question. The petitioner has got no concern with the alleged recovery of smack. The alleged recovery has been made from the car and not from the possession of the petitioner. 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 25.02.2025 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.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) Rajorshi/- U T