Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51858 of 2025 Arising Out of PS. Case No.-91 Year-2025 Thana- BANMANKHI District- Purnia ====================================================== Mukesh Kumar S/o Ramdeo Prasad Yadav R/o village- Biranchiya, P.S.- B. Kothi, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bidhu Ranjan, Advocate For the Opposite Party/s :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection Banmankhi PS Case No. 91 of 2025 instituted for the offences under Sections 8(c), 21(b) & 25 of the NDPS Act.

3.

The prosecution alleges that petitioner along with co-accused, was involved in the business of buying and selling smack (brown sugar). During the raid, total 87.59 grams of smack, Rs. 64,740/- cash, and multiple mobile phones were recovered from co-accused and a Car.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet been submitted in this case. No

Patna High Court CR. MISC. No.51858 of 2025(2) dt.25-07-2025 2/3 incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner further submits that no recovery is made from the possession of the petitioner and name of the petitioner has been disclosed by apprehended co-accused persons. 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 24-04-2025 and has got three criminal antecedents. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act. Other co-accused has been granted bail by this Court vide order dated 15-07-2025, passed in Cr. Misc. No. 42089 of 2025.

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, recovery below 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 Banmankhi PS Case

Patna High Court CR. MISC. No.51858 of 2025(2) dt.25-07-2025 3/3 No. 91 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 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T