Shailendra Rajbhar @ Shailendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75220 of 2025 Arising Out of PS. Case No.-110 Year-2024 Thana- KORANSARAI District- Buxar ====================================================== Shailendra Rajbhar @ Shailendra Rai S/o Baij Nath Rajbhar @ Baidh Nath Rajbhar R/o village - Deharia, P.S - Itarhi, District - Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Kamal Deo Sharma, Advocate For the Opposite Party/s :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 31-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Koransarai P.S. Case No. 110 of 2024 instituted for the offences under Sections 8, 20(B)(ii)B of the N.D.P.S. Act.

3. Prosecution case, in short, is that total 4 kilogram of ganja has been recovered in this case.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Petitioner is in custody since 01.08.2025 and has one criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. No incriminating material has been recovered

Patna High Court CR. MISC. No.75220 of 2025(2) dt.31-10-2025 2/2 from the conscious possession of the petitioner. Petitioner has no concern with the alleged recovery. The recovered contraband is below commercial quantity, and hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act. The coaccused person has already been granted bail by this Court vide order dated 30.01.2025 passed in Cr. Misc. No. 3962 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, recovered contraband being less than the commercial quantity as also 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 below/concerned Court in connection with Koransarai P.S. Case No. 110 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T