Himanshu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72074 of 2025 Arising Out of PS. Case No.-354 Year-2024 Thana- JANKINAGAR District- Purnia ====================================================== Himanshu Kumar S/o Jay Kishor Yadav @ Kishor Yadav R/o Village - Janki Nagar, Kari Mandal Tola, P.S - Jankinagar, District - Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijendra Kumar Singh, Advocate For the Opposite Party/s :
Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-10-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Jankinagar P.S. Case No. 354 of 2024, instituted for the offences punishable under Sections 8(c) and 21(b) of the NDPS Act.
3. Prosecution allegation, in short, is that there is recovery of total 7.48 gram of smack from the possession of coaccused persons.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.72074 of 2025(2) dt.14-10-2025 2/3 the conscious possession of the petitioner. Learned counsel for the petitioner also submits that learned counsel for the petitioner also submits that the petitioner was not present at the place of occurrence. Name of the petitioner has transpired in this case on the basis of confessional statement made by co-accused persons and the same has got no evidentiary value. It is further submitted that the petitioner has got no concern with the alleged recovery of smack. The recovered contraband is below the commercial quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. The petitioner is in custody since 25.07.2024 and has got one criminal antecedent in which he is on bail. 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 recovered contraband being below the commercial quantity and the period of custody undergone by the petitioner, 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
Patna High Court CR. MISC. No.72074 of 2025(2) dt.14-10-2025 3/3 below/concerned Court in connection with Jankinagar P.S. Case No. 354 of 2024.
(Rudra Prakash Mishra, J) Rajorshi/- U T