Patna High CourtCR. MISC./68822/2025bail granted

Saddam @ Md. Saddam v. The State Of Bihar

2025-09-25Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68822 of 2025 Arising Out of PS. Case No.-279 Year-2025 Thana- ARARIA District- Araria ====================================================== Saddam @ Md. Saddam S/O Md. Saiyyad @ Saiyyad Alam Resident of Village- Gaiyari Ward No. 04, Police Station- Araria, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana, Adv.

For the Opposite Party/s :

Ms.Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Araria P.S. case No. 279 of 2025 instituted for the offences under Sections 8(c) and 21(b) of the N.D.P.S. Act.

3. As per prosecution case, the police has recovered 10 gram smack like substance from the Gumati of the petitioner.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Petitioner is in custody since 10.07.2025 and has nine criminal antecedents. There is no allegation of tampering of witnesses alleged against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The

Patna High Court CR. MISC. No.68822 of 2025(2) dt.25-09-2025 2/2 alleged Gumati does not belong to the petitioner. The petitioner has been made scapegoat in this case merely because of his previous criminal antecedents. The recovered contraband is below commercial quantity, and hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. 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, the period of custody undergone by the petitioner and the recovery of contraband being below the commercial quantity, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Araria P.S. case No. 279 of 2025.

(Rudra Prakash Mishra, J) rishi/- U T