Jairam Puri @ Jayram Puri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38058 of 2025 Arising Out of PS. Case No.-215 Year-2024 Thana- PAKRIDAYAL District- East Champaran ====================================================== Jairam Puri @ Jayram Puri S/o Ramsagar Puri Resident of village- Fulwar, P.S- Pakridayal, District -East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate Ms. Harsha Shashwat, Advocate For the Opposite Party/s :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-08-2025 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in connection with Pakaridayal P.S. Case No. 215 of 2024, instituted for the offences punishable under Sections 8(c), 20(b)(ii)(c) and 22 of the NDPS Act.

3. Prosecution allegation, in short, is that there is recovery of 320.04 Kg of Ganja from the shop of co-accused person.

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

Patna High Court CR. MISC. No.38058 of 2025(4) dt.21-08-2025 2/3 possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner was not present at the place of occurrence. No recovery of Ganja has been made from the possession of the petitioner rather the same has been recovered from the shop of co-accused person. It is next submitted that name of the petitioner has transpired in this case on the basis of co-accused, namely, Shriram Puri and the same has got no evidentiary value. The petitioner is in custody since 31.12.2024 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. Learned A.P.P. submits that recovered contraband is above the commercial quantity, hence, there is bar under Section 37 of the N.D.P.S. Act and the petitioner does not deserve the privilege of bail.

6. Considering the aforesaid facts and circumstances of the case, no recovery from the petitioner, clean antecedent 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

Patna High Court CR. MISC. No.38058 of 2025(4) dt.21-08-2025 3/3 sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Pakaridayal P.S. Case No. 215 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 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