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Patna High CourtCR. MISC./47180/2025allowed

Dilip Budhiya @ Dilip Kumar Budhiya v. The State Of Bihar

2025-10-08Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47180 of 2025 Arising Out of PS. Case No.-8 Year-2025 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Dilip Budhiya @ Dilip Kumar Budhiya Son of Late Ashok Kumar Budhiya Resident of Marwari Tola Lane, Near Jain Mandir, Police Station - Kotwali, District - Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. S.M. Asraf, Sr. Advocate Mrs. Rana Hason, Advocate For the Opposite Party/s :

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 08-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 21(c), 22(c) and 25 of the NDPS Act.

3. The case of the prosecution is that from the basement of an apartment, 300 tablets of Nitamcare, 51 bottles of wing's codeine phosphate and Triprolidine Hydrochloride were recovered. It is alleged that the petitioner has kept the said contraband there and after seeing the police, he fled from there.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned

Patna High Court CR. MISC. No.47180 of 2025(3) dt.08-10-2025 2/2 counsel for the petitioner has submitted that the name of this petitioner has surfaced in the statement of guard of that apartment. Nothing has been recovered from his possession. It has also been submitted that petitioner is having criminal antecendent of five cases that is why, he has been framed in this case. Moreover, he is languishing in judicial custody since 02.04.2025.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular 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 released on bail in connection with Kotwali P.S. Case No. 08 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Bhagalpur. (Ashok Kumar Pandey, J) Shubham/- U T