Kishlay Kumar @ Kislay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53895 of 2025 Arising Out of PS. Case No.-719 Year-2025 Thana- AHIYAPUR District- Muzaffarpur ====================================================== KISHLAY KUMAR @ KISLAY KUMAR S/o Late Manoj Singh @ Late Manoj Kumar Resident of Village- Kolhua, Bairiya Bajrang, Police StationAhiyapur, District- Muzafarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Kumar For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Ahiyapur P.S. Case No. 719 of 2025 dated 26.05.2025 registered for the offences punishable u/ss 8(c), 21(b) and 25 of N.D.P.S. and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 23.85 grams of smack and 750 ml of illicit country-made liquor were recovered from the community hall.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. It is further submitted that the

Patna High Court CR. MISC. No.53895 of 2025(2) dt.06-08-2025 2/2 seized contraband is less than the commercial quantity. The petitioner has no concern with the alleged recovery. The petitioner has six criminal antecedents in which he is on bail in all cases as stated in para 3 of the bail petition. The petitioner is in custody since 27.05.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Muzaffarpur in connection with Ahiyapur P.S. Case No. 719 of 2025, with a condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T