Niraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46426 of 2025 Arising Out of PS. Case No.-5 Year-2025 Thana- PIPRA District- Supaul ====================================================== Niraj Kumar S/o Shiv Shankar Sahu @ Shiv Shankar Sah R/o VillageThumha, Ward No. 09, P.S.- Pipra, District- Supaul, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Madhukar Mohan, Advocate For the Opposite Party/s :
Mrs. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Pipra P.S. Case No. 05 of 2025, instituted for the offences punishable under Sections 8, 20(B)(II)(B) and 25 of the NDPS Act.
3. Prosecution allegation, in short, is that there is recovery of 6 Kg of Ganja 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 has been submitted in this case, Charge has been framed and cognizance has also been taken against the petitioner. No incriminating material has been recovered from the conscious possession of the petitioner.
Patna High Court CR. MISC. No.46426 of 2025(2) dt.29-07-2025 2/3 Learned counsel for the petitioner further submits that the petitioner has got no concern with the alleged recovery of ganja. The recovered contraband is below the commercial quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. The petitioner is in custody since 07.01.2025 and has got two criminal antecedents in which he is on bail. 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, the recovered contraband being below the commercial 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 Pipra P.S. Case No. 05 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.
(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.46426 of 2025(2) dt.29-07-2025 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Rajorshi/- U T