Patna High CourtCR. MISC./48519/2025bail granted

Ravindra Kushwaha v. The State Of Bihar

2025-08-04Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48519 of 2025 Arising Out of PS. Case No.-56 Year-2025 Thana- Haraiya District- East Champaran ====================================================== Ravindra Kushwaha S/o- Shankar Mahto @ Shankar Mahato Village- Jokihari PS- Raxaul Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr.Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Haraiya P.S. case No. 56 of 2025 (N.D.P.S. G.R. No. 72 of 2025) instituted for the offences under Section 21(B) of the N.D.P.S. Act.

3. As per prosecution case, the police has recovered total 198 Gram of smack like substance contained in two packets from the possession of the petitioner.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Petitioner is in custody since 14.05.2025 and has no criminal antecedent. There

Patna High Court CR. MISC. No.48519 of 2025(2) dt.04-08-2025 2/2 is no allegation of tampering of witnesses alleged against the petitioner. Nothing incriminating has been recovered from the conscious possession of the petitioner. The recovered contraband is much below commercial quantity, and hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. 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, clean antecedent as also 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 Haraiya P.S. case No. 56 of 2025 (N.D.P.S. G.R. No. 72 of 2025). (Rudra Prakash Mishra, J) rishi/- U T