Sudhir Prasad Khanal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40045 of 2025 Arising Out of PS. Case No.-55 Year-2025 Thana- JOGBANI District- Araria ====================================================== Sudhir Prasad Khanal S/o Shambhu Prasad Khanal R/o Village- Biratnagar, Mahapalika, Ward No.4, P.S.- Biratnagar, District- Morang (Nepal) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mrigendra Kumar, Advocate For the Opposite Party/s :
Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Jogbani P.S. Case No. 55 of 2025 instituted for the offences under Sections 21, 22 of the N.D.P.S. Act.
3. Prosecution case, in short, is that 7 grams of brown sugar has been recovered in this case.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Petitioner is in custody since 19.05.2025 and has no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. No incriminating material has been recovered from
Patna High Court CR. MISC. No.40045 of 2025(2) dt.02-07-2025 2/3 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. Learned counsel further submitted that petitioner is a Nepali citizen but the present bail application is duly sworn by fatherin-law of the petitioner, namely, Ramanand Yadav who is an Indian resident.
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 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 Jogbani P.S. Case No. 55 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner who is the resident of India. (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two
Patna High Court CR. MISC. No.40045 of 2025(2) dt.02-07-2025 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Rudra Prakash Mishra, J) Alok Verma/- U T