Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73281 of 2025 Arising Out of PS. Case No.-105 Year-2025 Thana- PHULWARIA District- Begusarai ====================================================== Rajesh Kumar S/O Arun Jha Resident of Village and P.S.- Nayagaon, DistrictBegusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in NDPS Case No. 38 of 2025, arising out of Phulwaria PS Case No. 105 of 2025 instituted for the offences under Sections 20 & 22 of the NDPS Act.

3.

Prosecution allegation, in short, is that there is recovery of 400 gram ganja from the petitioner. 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 the conscious possession of the petitioner. Learned counsel for the petitioner further submits that petitioner has no concern with

Patna High Court CR. MISC. No.73281 of 2025(2) dt.15-10-2025 2/2 the recovered contraband. The recovered contraband is below the small quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. The petitioner is in custody since 14.07.2025 and has got no criminal antecedent. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act. Other coaccused has been granted bail by a Co-ordinate Bench of this Court vide order dated 24-09-2025, passed in Cr. Misc. No. 66839 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, recovery below small quantity, claim based on parity 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/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with NDPS Case No. 38 of 2025, arising out of Phulwaria PS Case No. 105 of 2025. (Rudra Prakash Mishra, J) Alok Verma/- U T