Kundan Baitha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48487 of 2025 Arising Out of PS. Case No.-69 Year-2025 Thana- MANJHAGARH District- Gopalganj ====================================================== Kundan Baitha S/o Subhash Baitha R/o Village- Amaithi Khurd, P.S.- Thawe, Dist.- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saurabh Kumar, Advocate For the Opposite Party/s :
Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 30-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Manjhagarh P.S. Case No. 69 of 2025 dated 28.02.2025, instituted for the offence punishable under Sections 21(a), 8(c) of the NDPS Act.
3. The allegation is recovery of 3.37 gm brown sugar like substance from the conscious possession of the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that amount of brown sugar like substance which was recovered from the physical possession of the petitioner is just 3.37 grams, which is small quantity. It is next submitted that there is no independent witness to the
Patna High Court CR. MISC. No.48487 of 2025(2) dt.30-07-2025 2/2 alleged occurrence. Lastly, it has been submitted that the petitioner is in custody since 01.03.2025, he has three criminal cases against him and charge-sheet has been submitted in the case.
5. Learned A.P.P. vehemently opposed the prayer for bail of the petitioner and submitted that petitioner has criminal antecedents of similar nature.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties and taking into consideration that petitioner has criminal antecedent of similar nature, I am not inclined to grant bail to the petitioner at this stage.
7. Accordingly, the prayer of the petitioner for grant of regular bail is hereby rejected.
(Khatim Reza, J) Sankalp/- U T