Sujit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67471 of 2025 Arising Out of PS. Case No.-44 Year-2025 Thana- ADAPUR District- East Champaran ====================================================== Sujit Kumar S/o Parmeshwar Sah R/o Village - Parastoka Belahiya, Ward No. 5, P.S - Kalaiya, District - Bara (Nepal) ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar No.III, Advocate For the Opposite Party/s :
Mr.Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 17-09-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 8, 20 (b) ii (c), 23 (c), 25 and 29 of the NDPS Act.
3. The case of the prosecution is that two persons were apprehended on a bike and from the possession of pillion rider, altogether 10.5 KG. of 'ganja' was recovered.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that only a mobile was recovered from the possession of this petitioner. It is also submitted that the petitioner had merely given a lift to a co-villager and was completely unaware of the
Patna High Court CR. MISC. No.67471 of 2025(2) dt.17-09-2025 2/2 contraband articles being carried by the pillion rider. It is further submitted that no contraband has been recovered from the conscious possession of the petitioner and the quantity recovered is less than the commercial quantity. Moreover the petitioner has been languishing in judicial custody since 05.02.2025 having no criminal antecedent.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with NDPS Case No. 60 of 2025 arising out of Adapur P.S. Case No. 44 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Court No. -II, NDPS Act, East Champaran, Motihari. (Ashok Kumar Pandey, J) Jagdish/- U T