Ranjan Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61391 of 2025 Arising Out of PS. Case No.-157 Year-2025 Thana- SAHPUR District- Bhojpur ====================================================== Ranjan Jaiswal Son of Jayshankar Jayswal Resident of Village - Shahpur, Ward No.- 11, P.S.- Shahpur, District - Bhojpur at Ara ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agarwal, Sr. Advocate Mr. Kumar Rajdeep, Advocate For the Opposite Party/s :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with NDPS Case No. 20 of 2025, arising out of Shahpur PS Case No. 157 of 2025 instituted for the offences under Sections 21(b) & 22 of the NDPS Act.

3.

Prosecution allegation, in short, is that during a raid conducted at the house of the petitioner, police recovered 95.450 grams of heroine, one electronic weighing machine and a mobile phone.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from

Patna High Court CR. MISC. No.61391 of 2025(2) dt.04-09-2025 2/2 the conscious possession of the petitioner. Learned counsel for the petitioner further submits that petitioner has no concern with the recovered contaband. 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 06-06-2025 and has got no criminal antecedent. 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, recovery below 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/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with NDPS Case No. 20 of 2025, arising out of Shahpur PS Case No. 157 of 2025. (Rudra Prakash Mishra, J) Raj Kishore/- U T