Matha @ Rampukar @ Rampukar Kumar @ Rampukar Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41748 of 2025 Arising Out of PS. Case No.-177 Year-2025 Thana- RAXAUL District- East Champaran ====================================================== Matha @ Rampukar @ Rampukar Kumar @ Rampukar Kushwaha, S/o Late Prem Mahato @ Prem Prakash Kushwaha R/o Village- Mauje, Ward No.20, P.S.- Raxaul, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kundan Rathore@ Kundan Kumar, Adv.

For the State :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 11-07-2025

1. Heard Mr. Kundan Rathore@ Kundan Kumar, learned counsel for the petitioner and Mr. Nand Kishore Prasad, learned APP for the State.

2. The petitioner seeks regular bail in connection with N.D.P.S. G.R. Case No. 59 of 2025, arising out of Raxaul P.S. Case No. 177 of 2025, dated 23.04.2025 registered for the offences punishable under Sections 21(b) and 29 of the N.D.P.S. Act.

3. The main submissions advanced by the petitioner's counsel are that the instant matter relates to recovery of 8.63 grams smack like material but the same is alleged to have been recovered from the possession of co-accused Rahul Kumar who disclosed that he used to purchase the smack from this

Patna High Court CR. MISC. No.41748 of 2025(2) dt.11-07-2025 2/2 petitioner, except this, there is no material to show the petitioner's involvement in the alleged crime and the said statement made by the co-accused is not admissible in the eye of law. It is further submitted that the petitioner has fair and clean antecedent and he never involved in the similar allegation in the past and languishing in jail since 24.04.2025 and the recovered contraband comes in the purview of intermediate quantity slightly greater than the small quantity.

4. Learned APP appearing for the State has opposed the bail prayer of the petitioner.

5. Considering the aforesaid submissions advanced by the petitioner's counsel and mainly the petitioner's fair and clean antecedent, this court is inclined to release him on bail. Accordingly, let the petitioner named-above be enlarged on bail in connection with N.D.P.S. G.R. Case No. 59 of 2025, arising out of Raxaul P.S. Case No. 177 of 2025 on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) Rajiv/- U T