Amarjeet Kumar @ Amarjeet Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69210 of 2025 Arising Out of PS. Case No.-601 Year-2025 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Amarjeet Kumar @ Amarjeet Sahani S/O Sahdev Sahni Resident of villageBhikhanpura, P.S.- Ahiyapur, Dist.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sagar Kumar, Advocate Mr. Hemant Ray, Advocate For the Opposite Party/s :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with NDPS Case No. 79 of 2025 arising out of Ahiyapur P.S. Case No. 601 of 2025 instituted for the offences under Sections 8(c), 21(b) of the N.D.P.S. Act.

3. Prosecution case, in short, is that total 13.90 grams of smack like substance has been recovered from 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 28.04.2025 and has one criminal antecedent. There is no allegation of tampering of witnesses alleged against

Patna High Court CR. MISC. No.69210 of 2025(2) dt.23-09-2025 2/2 the petitioner. No incriminating material has been recovered from the conscious possession of the petitioner. Petitioner has no concern with the alleged recovery. 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. Other coaccused has been granted bail by this Court vide order dated 08-09-2025, passed in Cr. Misc. No. 61724 of 2025.

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, recovered contraband being less than the commercial quantity as also the period of custody undergone by the petitioner and claim based on parity, 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/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with NDPS Case No. 79 of 2025 arising out of Ahiyapur P.S. Case No. 601 of 2025. (Rudra Prakash Mishra, J) Raj Kishore/- U T