Saurabh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73507 of 2025 Arising Out of PS. Case No.-206 Year-2025 Thana- MURLIGANJ District- Madhepura ====================================================== Saurabh Kumar, Male, aged about 27 years, S/o Arvind Kumar, R/o VillageBodarahi Tapra Tola, P.S.- Jankinagar, District- Purnea ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Md Fazle Karim, Advocate For the Opposite Party :

Mr. Ram Sumiran Rai, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-11-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Murliganj P.S. Case No. 206 of 2025 dated 04.05.2025 registered for the offences punishable under Sections 8(c), 21(b) and 22 of the N.D.P.S. Act.

3. As per the prosecution case, total 50 grams of Smack was recovered from the possession of the co-accused Gaurav Kumar and 100 grams of Smack was also recovered from the possession of Saurav Kumar (petitioner).

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.73507 of 2025(2) dt.28-11-2025 2/3 this case. The petitioner has no concern with the alleged recovery of contraband. There is no statutory compliance of Section 50 of the N.D.P.S. Act. It is further submitted that the seizure list witnesses are the members of the raiding team. The police investigated the case and submitted charge sheet against the petitioner and that too without F.S.L. report available on the record. It is further submitted that the seized contraband is less than commercial quantity. It is further submitted that the other co-accused Gaurav Kumar has already been granted bail in Cr. Misc. No. 47613 of 2025 vide order dated 18.08.2025, annexed as Annexure-3 to the present bail application. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 05.05.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned District and Additional Sessions Judge-II, Madhepura in connection with Murliganj P.S. Case No. 206 of 2025.

Patna High Court CR. MISC. No.73507 of 2025(2) dt.28-11-2025 3/3

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T