Ramesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52125 of 2025 Arising Out of PS. Case No.-2 Year-2025 Thana- N.C.B (GOVERNMENT OFFICIAL) District- East Champaran ====================================================== Ramesh Kumar S/o- Karicharan Sahani Village- Ladoura Ps- Tariyani DistSheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with NCB PS Case No. PZU/V/02 of 2025, NDPS GR Case No. 43 of 2025 instituted for the offences under Sections 8(c), 18(b) & 29 of the NDPS Act.

3. Prosecution allegation, in short, is that there is recovery of total 8 Kg opium from possession of the co-accused person, including the petitioner, out of which 2 Kg opium was recovered from the bag of the petitioner.

4. learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is in custody since 22-03-2025 and

Patna High Court CR. MISC. No.52125 of 2025(2) dt.19-08-2025 2/2 has got no criminal antecedent. Charge-sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. Learned counsel further submits that there is no compliance of Sections 42 and 50 of the NPDS Act. There is no compliance of Section 103 of the BNSS, 2023. It is submitted that from the bag of the petitioner, there is alleged recovery of 2 Kg opium.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned A.P.P. submits that recovered contraband is above the commercial quantity, hence, there is bar under Section 37 of the N.D.P.S. Act.

6. Considering the aforesaid facts and circumstances of the case and recovery of contraband beyond commercial quantity coupled with embargo under Section 37 of the N.D.P.S. Act, this Court is not inclined to grant bail to the petitioner.

7. The prayer is rejected.

8. The Trial Court is directed to expedite the trial as expeditiously as possible without any undue delay and unnecessary adjournments.

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