Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49424 of 2025 Arising Out of PS. Case No.-385 Year-2025 Thana- KATIHAR NAGAR District- Katihar ====================================================== Vishal Kumar S/o- Nago Prasad Rajak @ Naresh Prasad Rajak R/oMirchaibari, PS- Nagar Katihar, Distt- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-08-2025 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner seeks bail in a case registered for the offences punishable under Sections 8(c), 21(b), 22(b) and 29 of N.D.P.S. Act.

3.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a young boy aged about 20 years and the informant alleges that Rakesh was apprehended with 21.93 gram of smack along with other articles as detailed in the FIR, further Rakesh disclosed that he is involved in trade of smack and Md. Masoom is a wholesale dealer from whom he purchases smack and sells to petitioner, Bittu, Ajay and Amit in retail.

4.

The learned counsel submits that petitioner has

Patna High Court CR. MISC. No.49424 of 2025(2) dt.11-08-2025 2/3 been falsely implicated in the instant case by the informant based on confessional statement of Rakesh in police custody which does not have any evidentiary evidence. It is also submitted that smack was recovered from Rakesh. It is further submitted that the alleged quantity of smack was a little more than small quantity but much less than commercial quantity. It is fairly submitted that during the course of investigation, it was revealed that accused persons indulged in supplying narcotics at various localities within Katihar. It is further submitted that petitioner is in custody since 21-4-2025 and is a young boy with clean antecedent and in the event if his bail application is rejected, in that event, chances are bright that petitioner will come in contact with hardened criminals and his entire career would get jeopardized.

5.

Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

6.

Considering the submission made by learned counsel for the petitioner and also taking into consideration the fact that petitioner is a young boy aged about 20 years and is a person with clean antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty-five Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.49424 of 2025(2) dt.11-08-2025 3/3 each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Katihar Nagar P.S. Case No. 385 of 2025.

7.

One of the bailors of the petitioner shall be his father, Nago Prasad Rajak @ Naresh Prasad Rajak. 8.

However, it is made clear that if the learned trial court comes to a conclusion that the petitioner after his release is trying to delay the framing of charge or after framing of charge is trying to delay the trial in any manner in both the conditions, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner.

(Satyavrat Verma, J) Sumit/- U T