Ganpati Jha @ Ghana Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55706 of 2025 Arising Out of PS. Case No.-158 Year-2025 Thana- RAHIKA District- Madhubani ====================================================== Ganpati Jha @ Ghana Jha S/o Late Baidyanath Jha Resident of village - Rahika, P.S - Rahika, District -Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Subhash Kumar Jha, Adv.
For the Opposite Party/s :
Mr. Jagdhar Prasad, 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 Rahika P.S. case No. 158 of 2025 (G.R. No. 53 of 2025) instituted for the offences under Sections 8, 20 and 22 of the N.D.P.S. Act.
3. Prosecution case, in short, is that total 1 Kg and 250 Gms of Ganja has been recovered from the house of the petitioner.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case due to local village politics as well as on the basis of suspicion. Charge-sheet has been submitted in this case. Petitioner is in custody since 30.06.2025 and has no criminal antecedent. No incriminating material has been recovered from the conscious
Patna High Court CR. MISC. No.55706 of 2025(2) dt.19-08-2025 2/2 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 taking into account the quantity of the contraband seized, 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 Rahika P.S. case No. 158 of 2025 (G.R. No. 53 of 2025).
(Rudra Prakash Mishra, J) rishi/- U T