Patna High CourtCR. MISC./62666/2025bail granted

Mithilesh Kumar Sah @ Mithlesh Kumar Sah v. The State Of Bihar

2025-09-17Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62666 of 2025 Arising Out of PS. Case No.-349 Year-2024 Thana- DARAUNDA District- Siwan ====================================================== Mithilesh Kumar Sah @ Mithlesh Kumar Sah S/O Shivpujan Sah Resident of Vill- Rasulpur Chakri, P.S- Daraundha, Distt.- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumari Anupam, Adv.

For the Opposite Party/s :

Mr.Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-09-2025 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 N.D.P.S. Trial No. 40/2025 arising out of Daraundha P.S. Case No. 349 of 2024 dated 10.08.2024 registered for the offences punishable u/ss 8, 20(b)(ii)(c) and 25 of the N.D.P.S. Act.

3. As per the prosecution case, total 20.500 Kg. of ganja was recovered from the Scorpio vehicle. Police apprehended one person who disclosed his name as Ravi Kumar and also disclosed the name of the other accused persons as Mithilesh Kumar Sah (petitioner) and Chootelal Yadav who fled away from the spot.

Patna High Court CR. MISC. No.62666 of 2025(2) dt.17-09-2025 2/3

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has sprung up in the confessional statement of the co-accused, Ravi Kumar. The petitioner is not the owner of the seized vehicle as stated in para 12 of the bail petition. The petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 26.03.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the seized contraband is more than the commercial quantity.

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, Siwan in connection with N.D.P.S. Trial No. 40/2025 arising out of Daraundha P.S. Case No. 349 of 2024 with the condition :- (i) The petitioner is directed to remain

Patna High Court CR. MISC. No.62666 of 2025(2) dt.17-09-2025 3/3 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) Gautam/- U T