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Patna High CourtCR. MISC./45630/2025bail granted

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

2025-07-23Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45630 of 2025 Arising Out of PS. Case No.-64 Year-2025 Thana- BARAUNI District- Begusarai ====================================================== Keshav Kumar Singh @ Keshav Kumar S/o Rajesh Kumar Singh Resident of Nayanagar Dularpur, P.S-Teghra, District-Begusarai, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Barauni (Zero Mile) P.S. Case No. 64 of 2025 instituted for the offences under Sections 20, 22 of the N.D.P.S. Act.

3. Prosecution case, in short, is that, during patrolling, four accused persons including the petitioner was arrested with heroine-like substance weighing total 53.820 grams along with mobile phones and a motorcycle.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case.

Patna High Court CR. MISC. No.45630 of 2025(2) dt.23-07-2025 2/3 Charge-sheet has been submitted in this case. Petitioner is in custody since 16.04.2025 and has no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. No incriminating material has been recovered from the conscious possession of the petitioner. The recovered contraband is below commercial quantity, and hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act. The co-accused person has already been granted bail by this Court vide order dated 09.07.2025 passed in Cr. Misc. No. 40928 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 less than commercial quantity as also 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 Barauni (Zero

Patna High Court CR. MISC. No.45630 of 2025(2) dt.23-07-2025 3/3 Mile) P.S. Case No. 64 of 2025.

(Rudra Prakash Mishra, J) Alok Verma/- U T