Sudhir Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68981 of 2025 Arising Out of PS. Case No.-7 Year-2025 Thana- JHAROKHAR District- East Champaran ====================================================== Sudhir Patel S/O Beni Raut Resident of village- Gorgawa Kharua, P.S.- Kundwa Chainpur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with N.D.P.S. G.R. Case No. 79 of 2025 arising out of Jharokhar P.S. case No. 07 of 2025 instituted for the offences under Sections 20(b)(ii)(B), 23(b), 25 and 29 of the N.D.P.S. Act.

3. As per prosecution case, the police has recovered 02 Kg. of Ganja from the possession of the petitioner kept in motorcycle bearing Regd. No. BR05AX77194.

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 15.01.2025 and has no criminal antecedent. There

Patna High Court CR. MISC. No.68981 of 2025(2) dt.07-10-2025 2/3 is no allegation of tampering of witnesses alleged against the petitioner. No incriminating material has been recovered from the conscious possession of the petitioner. 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, clean antecedent, period of custody undergone by the petitioner as also taking into account the quantity of alleged contraband being much 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.15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with N.D.P.S. G.R. Case No. 79 of 2025 arising out of Jharokhar P.S. case No. 07 of 2025, subject to the following conditions;

(i) One of the bailor(s) shall be the own/close family members of the petitioner.

(ii) The petitioner shall cooperate in the trial and shall

Patna High Court CR. MISC. No.68981 of 2025(2) dt.07-10-2025 3/3 be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

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