Satish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44344 of 2025 Arising Out of PS. Case No.-649 Year-2024 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Satish Kumar S/O Krishna Ray @ Krishna Rai R/O Vill.- Sahpur (ShahpurMasudanpur), P.s.- Ballia, Dist.- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shubhesh Pandey, Advocate For the Opposite Party/s :

Ms. Asha Kumari, 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 Begusarai Town PS Case No. 649 of 2024 instituted for the offences under Sections 8 & 20(b) of the NDPS Act. Prosecution allegation, in short, is that the 190 grams ganja was recovered which was hidden in cigarette from the possession of the petitioner.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet been submitted in this case and charge is also framed by the court below. No incriminating material has been recovered from the conscious possession of

Patna High Court CR. MISC. No.44344 of 2025(3) dt.23-07-2025 2/2 the petitioner. Learned counsel for the petitioner further submits that petitioner has no concern with the recovered contraband and the same is planted. The recovered contraband is below the small quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. The petitioner is in custody since 07-12-2024 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. 6.

Considering the aforesaid facts and circumstances of the case, recovery below small quantity 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.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Begusarai Town PS Case No. 649 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T