Arjun Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64969 of 2025 Arising Out of PS. Case No.-330 Year-2025 Thana- NAUBATPUR District- Patna ====================================================== Arjun Prasad S/O Late Lurik Saw @ Late Luruk Saw R/O - Nisarpura Lakh, P.S. - Naubatpur, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary, Adv.

For the Opposite Party/s :

Mr.Pushpa Sinha.1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 18-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Naubatpur P.S. Case No. 330 of 2025, registered for the offences under Sections 8, 20(b)(ii)B, 25 of the Narcotic Drugs and Psychotropic Substances Act.

3. As per the prosecution case, police received secret information about the petitioner selling liquor. A raid was conducted and from the house of the petitioner recovery of 2.446 kg of Ganja and 546 pieces of Sunfix adhesives used as intoxicating substance was made.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. There is non-compliance of

Patna High Court CR. MISC. No.64969 of 2025(2) dt.18-09-2025 2/3 Section 42 and Section 50 of the N.D.P.S. Act and nothing incriminating has been recovered from person or possession of this petitioner. The petitioner is not the owner of the shop from where the recovery has been shown. Even the recovery of contraband is above the small quantity but is much below the commercial quantity. No details have been given about the composition of Sunfix adhesives though it has been stated that it was being used as intoxicant. The petitioner is having antecedent of one case and he is in custody since 03.06.2025 and charge sheet has been submitted.

5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner.

6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the recovery of intermediate quantity of contraband and also considering submission of charge sheet against the petitioner, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum-Special Judge, N.D.P.S. Patna/concerned court, in connection with Naubatpur P.S. Case No. 330 of 2025, subject to the condition laid down under

Patna High Court CR. MISC. No.64969 of 2025(2) dt.18-09-2025 3/3 Section 480(3) of the BNSS and other following conditions: (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Anuradha/- U T