Nishant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55990 of 2025 Arising Out of PS. Case No.-225 Year-2025 Thana- JANDAHA District- Vaishali ====================================================== Nishant Kumar Ajay Singh @ Ajay Kumar Singh Resident Of Village -Bitandipur, Ps- Jandaha, Dist -Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivjee Singh, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner who apprehends arrest in connection with Jandha P.S. Case No. 225 of 2025 lodged on 31.05.2025, for the offences punishable under sections 8(c), 22(b), 25 and 29 of the The Narcotic Drugs And Psychotropic Substances, Act, 1985.

3. As per the prosecution, a total recovery of 6.10 grams of heroin from the pocket of the co-accused Saurav Kumar @ Gaurav is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. It is urged that nothing has been recovered from the conscious possession of the petitioner, and his name has been dragged into the present

Patna High Court CR. MISC. No.55990 of 2025(2) dt.27-08-2025 2/2 case solely on the basis of the confessional statement of coaccused Saurav Kumar @ Gaurav, from whose possession the alleged recovery was made. The recovered contraband is more than the small quantity but less than the commercial quantity. It is further submitted that the petitioner has a clean antecedent.

5. Learned APP for the State opposes the prayer for bail; however, he fairly concedes that no recovery of contraband has been made from the possession of the petitioner and that his antecedent is clean.

6. In the facts and circumstances, let the above named petitioner be released on bail, in the event of arrest or surrender before the Trial Court within a period of four weeks from today, on furnishing bail bond of ₹30000/- (thirty thousand) as mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha Sanhita, 2023 to the satisfaction of the learned Principal District and Sessions Judge, Vaishali at Hajipur, in connection with Jandha P.S. Case No. 225 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

(Dr. Anshuman, J) Ashwini/- U T