Patna High CourtCR. MISC./59639/2025bail granted

Rahul Kumar v. The State Of Bihar

2025-09-01Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59639 of 2025 Arising Out of PS. Case No.-177 Year-2025 Thana- RAXAUL District- East Champaran ====================================================== Rahul Kumar S/O Badha Yadav @ Bindeshwari Prasad Yadav R/O VillageSaunaha, Ward No- 02, P.S-Palanwa, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Priyanka Singh, Adv For the Opposite Party/s :

Mrs. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-09-2025 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 NDPS GR Case No. 59/2025 arising out of Raxaul P.S. Case No. 177/2025 dated 23.04.2025 registered for the offence punishable u/s 21(b) and 29 of the N.D.P.S. Act.

3. As per the prosecution case, total 8.63 grams of smack kept in five pudiya was recovered which is alleged to be thrown by the petitioner.

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. The petitioner has no concern with the alleged recovery. The seized contraband is less than commercial quantity. The petitioner has clean antecedent as

Patna High Court CR. MISC. No.59639 of 2025(2) dt.01-09-2025 2/2 stated in para 3 of the bail petition. The petitioner is in custody since 24.04.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the petitioner has no valid authorization for keeping the said contraband.

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, East Champaran at Motihari in connection with NDPS GR Case No. 59/2025 arising out of Raxaul P.S. Case No. 177/2025, with the 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 bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

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