Patna High CourtCR. MISC./57607/2025bail granted

Imamul Gani v. The State Of Bihar

2025-09-26Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57607 of 2025 Arising Out of PS. Case No.-147 Year-2025 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== Imamul Gani S/O Faizul Gani R/O Village- Rangpura, Ward No. 06, P.SMirganj, Maranga, Distt.- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Jay, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-09-2025 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in connection with K. Nagar (Krityanand Nagar) P.S. Case No. 147 of 2025, instituted for the offences punishable under Sections 8(c) and 21(b) of the NDPS Act.

3. Prosecution allegation, in short, is that there is recovery of 40.35 grams brown sugar from the possession of the petitioner along with other co-accused person.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.57607 of 2025(3) dt.26-09-2025 2/3 petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner next submits that the petitioner has got no concern with the alleged recovery of brown sugar. The recovered contraband is below the commercial quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. The petitioner is in custody since 20.06.2025 and has got no criminal antecedent. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act. Learned counsel for the petitioner further submits that other co-accused has been granted regular bail by this Court vide order dated 20.08.2025 passed in Cr. Misc. No. 56116 of 2025.

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, the recovered contraband being below the commercial quantity and 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/- (Rupees Fifteen Thousand) with two

Patna High Court CR. MISC. No.57607 of 2025(3) dt.26-09-2025 3/3 sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with K. Nagar (Krityanand Nagar) P.S. Case No. 147 of 2025. (Rudra Prakash Mishra, J) Rajorshi/- U T