Chhotu Kumar @ Deepak Kumar Yadav @ Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69376 of 2025 Arising Out of PS. Case No.-78 Year-2025 Thana- LAURIA District- West Champaran ====================================================== Chhotu Kumar @ Deepak Kumar Yadav @ Deepak Kumar, S/o- Dasrath Yadav, R/v- Jurabganj Nayka Tola, PS- Kodha, Dist- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sarvesh Kashyap, Advocate For the Opposite Party/s :

Mr. B.N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 25-09-2025 Heard Mr. Sarvesh Kashyap, learned counsel for the petitioner and Mr. B.N. Pandey, learned APP for the State.

2. The petitioner has prayed for bail in connection with Lauriya P.S. Case No.78 of 2025 registered for the offence punishable under Sections 336(2), 317(4), 317(5) and 3(5) of B.N.S. and Sections 20(B)iiC of the N.D.P.S. Act.

3. The case of the prosecution is that from the possession of this petitioner, altogether 812 gram of charas like material was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Nothing has been recovered from his possession. It has also been submitted that from perusal of the F.I.R. itself it is

Patna High Court CR. MISC. No.69376 of 2025(2) dt.25-09-2025 2/2 clear that the raiding party was not having any electronic kit to check the contraband and it is only their assumption that the contraband which has been seized is charas. It has also been submitted that though the contraband which has been seized is more than small quantity but is much less than commercial quantity. Petitioner is having no criminal antecedent and he is languishing in judicial custody since 13.02.2025.

5. Learned APP appearing for the State has vehemently opposed the application for bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge (N.D.P.S.), Bettiah, West Champaran in connection with Lauriya P.S. Case No. 78 of 2025. (Ashok Kumar Pandey, J) lata/- U T