Krishan Kumar Mandal @ Krishan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39204 of 2025 Arising Out of PS. Case No.-90 Year-2025 Thana- BHAWANIPUR District- Purnia ====================================================== Krishan Kumar Mandal @ Krishan Kumar, Son of Dev Narayan Mandal Resident of Sakhua Tola, Madhonagar, Ward No 05, PS- Dhamdaha, Distt.- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shambhu SN Singh, Adv.

For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 04-07-2025

1. Heard Mr. Shambhu SN Singh, learned counsel for the petitioner and Mr. Arun Kumar Pandey, learned APP for the State.

2. The petitioner seeks regular bail in connection with Bhawanipur P. S. Case No. 90 of 2025, dated 10.04.2025 registered for the offences punishable under Sections 8(c), 21(b) of the N.D.P.S. Act.

3. The main submissions advanced by the petitioner's counsel are that the petitioner has fair and clean antecedent and has been languishing in jail since 11.04.2025 and as per the prosecution only 3.11 grm. of narcotic drugs suspected to be heroin which is alleged to have been recovered from this petitioner along with Rs. 4,600/- and the said alleged narcotic

Patna High Court CR. MISC. No.39204 of 2025(2) dt.04-07-2025 2/2 contraband falls within the purview of small quantity for which the maximum punishment is up to one year and without considering this aspect, the learned trial court rejected the prayer of the petitioner.

4. Learned APP appearing for the State has opposed the bail prayer of the petitioner but fairly accepted that the alleged act of the petitioner particularly relating to keeping the alleged narcotic contraband in his possession falls within the purview of Section 21(a) of the N.D.P.S. Act.

5. Considering the aforesaid submissions advanced by the petitioner's counsel and mainly taking into account the quantity of the narcotic material which is alleged to have been recovered from his house as well as the completion of investigation against him and also his fair and clean antecedent, this court is inclined to grant him the relief of bail. Accordingly, let the petitioner named-above be enlarged on bail in connection with Bhawanipur P. S. Case No. 90 of 2025 on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) Rajiv/- U T