Sanni Kumar @ Sunny Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53960 of 2025 Arising Out of PS. Case No.-262 Year-2025 Thana- BAISI District- Purnia ====================================================== Sanni Kumar @ Sunny Kumar S/O Binod Sharma Resident of Ward No. 30, Driver Tola Rambagh, P.S- Sadar, District- Purnea. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Praveen Kumar Agrawal, Adv.
For the Opposite Party/s :
Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-11-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Baisi P.S. case No. 262 of 2025 instituted for the offences under Sections 8(c) and 21(b) of the N.D.P.S. Act.
3. As per prosecution case, the police has recovered 202 gram smack from the pocket 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 02.07.2025 and has no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. No incriminating material has been recovered from
Patna High Court CR. MISC. No.53960 of 2025(3) dt.11-11-2025 2/2 the conscious possession of the petitioner. The recovered contraband is 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, the period of custody undergone by the petitioner as also the quantity of contraband recovered being below the commercial quantity, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.15,000/- (Rs. Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Baisi P.S. case No. 262 of 2025.
(Rudra Prakash Mishra, J) rishi/- U T