Umesh Kumar @ Umesh Kumar Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56602 of 2025 Arising Out of PS. Case No.-113 Year-2025 Thana- HARLAKHI District- Madhubani ====================================================== Umesh Kumar @ Umesh Kumar Kushwaha, S/O Late Yogendra Kushwaha @ Late Yogendra Mahto, R/o Vill.- Pipraun, P.S - Harlakhi, District - Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Union of India, Through NDPS Division, New Delhi India ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ratnakar Jha, Advocate For the State :

Mr. Sanjay Kumar Singh, APP For the UOI :

Mr. Rahul Deo Varman, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 08-12-2025 Heard Mr. Ashok Kumar, learned counsel for the petitioner, Mr. Rahul Deo Varman, learned C.G.C. for the Union of India and Mr. Sanjay Kumar Singh, learned APP for the State.

2. The petitioner has prayed for bail in connection with Harlakhi P.S. Case No. 113 of 2025 registered for the offence punishable under Sections 20 and 22 of the N.D.P.S. Act.

3. The case of the prosecution, in short, is that SSB, Pipraun received information that in village- Pipraun, some persons are selling narcotic drugs. As per information, the informant along with other SSB personnel raided a room where

Patna High Court CR. MISC. No.56602 of 2025(3) dt.08-12-2025 2/3 he found three persons. The petitioner was having cash in his hand and two others had come to purchase the contraband. When the room was searched, from the room prohibited medicines, 200 gram of charas, 100 gram of ganja and Nepali and Indian currency were recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. From perusal of the seizure list, it is clear that it is not disclosed in the seizure list as to who owns that room. Moreover, three persons were there. It has also been submitted that the contraband which has been recovered from the room is though more than small quantity but is much less than commercial quantity. Petitioner is having no criminal antecedent and he is languishing in judicial custody since 10.05.2025.

5. Learned APP appearing for the State and learned CGC for the Union of India have vehemently opposed the application for bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail

Patna High Court CR. MISC. No.56602 of 2025(3) dt.08-12-2025 3/3 bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Principal Sessions Judge, Madhubani in connection with Harlakhi P.S. Case No. 113 of 2025.

(Ashok Kumar Pandey, J) lata/- U T