Balbinder Singh @ Balwinder Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75562 of 2025 Arising Out of PS. Case No.-605 Year-2025 Thana- Excise P.S. District- Muzaffarpur ====================================================== Balbinder Singh @ Balwinder Singh Son of Hakam Singh Resident of Village and Ps- Bagha Purana, Dist- Moga, State- Punjab ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Shankar Shrivastava, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with NDPS Case No. 119 of 2025, arising out of Excise PS Case No. 605 of 2025 instituted for the offences under Section 18(B) of the NDPS Act.

3.

As per prosecution case, it is alleged that on 19.05.2025, acting on information, police raided New Mogra Dhaba owned by Balbinder Singh (petitioner) and recovered about 2 kg of Doda powder from the kitchen.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet been submitted in this case. No

Patna High Court CR. MISC. No.75562 of 2025(2) dt.11-11-2025 2/3 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 the recovered contraband and in fact, merely because he is owner of the Dhaba, he has been roped in this case. 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 20.05.2025 and has got one criminal antecedent. 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, recovery below 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, after framing of charge, if not already framed, 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. 119 of 2025, arising out of Excise PS Case No. 605 of 2025, subject to the following

Patna High Court CR. MISC. No.75562 of 2025(2) dt.11-11-2025 3/3 conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T