Asharfi Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80808 of 2025 Arising Out of PS. Case No.-230 Year-2025 Thana- JITNA District- East Champaran ====================================================== Asharfi Rai S/o Nandlal Rai R/o Village- Agarwa, P.S- Jitna, Dist- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar, Advocate For the Opposite Party/s :
Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 03-12-2025 Heard learned counsel for the petitioner and Mr. Nawal Kishore Prasad, learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 8, 20(b)(ii) (B), 23(b) and 25 of the NDPS Act.
3. The case of the prosecution is that two persons were coming on a bike. They were intercepted by police. They started fleeing away leaving the bike. They were apprehended by police and from the bikes altogether 6.364 kg ganja was recovered.
4. Learned counsel for the petitioner has submitted that from perusal of the seizure list it is not clear as to from which bike the ganja was recovered. It has also been submitted that in any view of the matter, the contraband which has been recovered is though more than small quantity but is much less
Patna High Court CR. MISC. No.80808 of 2025(2) dt.03-12-2025 2/2 than commercial quantity. Learned counsel for the petitioner has lastly submitted that the petitioner is in judicial custody since 08.09.2025.
5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer of bail to the petitioner and has submitted that the petitioner is having criminal antecedent of one case.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Jitna P.S. Case No. 230 of 2025, N.D.P.S. G.R. Case No.125 of 2025 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum-Special Judge, East Champaran, Motihari.
(Ashok Kumar Pandey, J) durgesh/- U T