Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72386 of 2025 Arising Out of PS. Case No.-140 Year-2025 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== Mukesh Kumar S/O Yogendra Sharma Resident of Village- Badka Pakar, P.S.- Madhuban, Distt.- East Champaran, Motihari.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

The Narcotics Control Bureau (N.D.P.S.) Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sheo Kumar Prasad, Adv.

For the Opposite Party/s :

Mr.Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-11-2025 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 Kazimohammadpur P.S. Case No. 140 of 2025 dated 14.05.2025 registered for the offence punishable u/s 311 of the B.N.S. and Sections 8(c), 17(c), 21(c) of the N.D.P.S. Act, CNR No. -BRMZ01-01103825, N.D. P.S. Case No. 103/2025.

3. As per the prosecution case, police apprehended two persons who disclosed their names as Jai Prakash Kumar and Mukesh Kumar (petitioner). On search, total 1026 gms. of brown sugar was recovered from the bag of the co-accused, Jai

Patna High Court CR. MISC. No.72386 of 2025(2) dt.18-11-2025 2/3 Prakash Kumar. One mobile phone and digital weight machine were recovered from the bag of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The seized contraband has been recovered from the bag of the co-accused, Jai Prakash Kumar which is of commercial quantity. The petitioner has no concern with the alleged recovery. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 15.05.2025.

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 abovenamed, 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 Court concerned, Muzaffarpur in connection with Kazimohammadpur P.S. Case No. 140 of 2025, CNR No. -BRMZ01-011038-25, N.D.P.S. Case No. 103/2025. with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which

Patna High Court CR. MISC. No.72386 of 2025(2) dt.18-11-2025 3/3 on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T