Prince Kumar Singh @ Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41969 of 2025 Arising Out of PS. Case No.-45 Year-2025 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== Prince Kumar Singh @ Prince Kumar S/O Vinay Singh @ Vinay Kumar Singh Resident of Village- Sitab Diyara, P.S- Rivilganj ,Dist-Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Buxar (Industrial) P.S. Case No. 45 of 2025, instituted for the offences punishable under Sections 8(c), 20(b)(ii)(B), 22, 27 and 29 of the NDPS Act.

3. Prosecution allegation, in short, is that there is recovery of 12.480 Kg of Ganja from the car of the petitioner.

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 also submits that the petitioner has got no concern with the alleged recovery of Ganja. Petitioner is not the owner of the car, rather he is driver of the car in question. The

Patna High Court CR. MISC. No.41969 of 2025(3) dt.16-07-2025 2/2 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 28.02.2025 and has got one criminal antecedent. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 16.06.2025 passed in Cr. Misc. No. 36178 of 2025.

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 Buxar (Industrial) P.S. Case No. 45 of 2025.

(Rudra Prakash Mishra, J) Rajorshi/- U T