Md. Umar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57488 of 2025 Arising Out of PS. Case No.-259 Year-2025 Thana- FORBESGANJ District- Araria ====================================================== Md. Umar S/o Md. Salim R/o Village - Haripur, Ward No. 07, P.S - Forbesganj, District - Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Kishore Bharti, Adv.
For the Opposite Party/s :
Mr.Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Forbesganj P.S. case No. 259 of 2025 instituted for the offences under Sections 8(c), 21(b) of the N.D.P.S. Act.
3. As per prosecution case, the police has recovered total 10 grams of smack including a Nokia mobile and a Bajaj Platina motorcycle from the possession of the petitioner.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is in custody since 28.05.2025 and has no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. No incriminating material has
Patna High Court CR. MISC. No.57488 of 2025(2) dt.27-08-2025 2/2 been recovered from the conscious possession of the petitioner except a mobile set. 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 as also the period of custody undergone by the petitioner, 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/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Forbesganj P.S. case No. 259 of 2025.
(Rudra Prakash Mishra, J) rishi/- U T