Vinod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79727 of 2025 Arising Out of PS. Case No.-136 Year-2025 Thana- SAHIYARA District- Sitamarhi ====================================================== Vinod Kumar Son of Late Ramdular Ray R/o Village - Phulhatta, P.S. - Bela, District - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Parwej Khan, Advocate For the Opposite Party/s :

Mr.Md. Mushtaque Alam. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Sahiyara P.S. Case No. 136 of 2025, instituted for the offences under Sections 8,20(B) (ii)(C) of the NDPS Act.

3. Prosecution allegation, in short, is that the 33.5 Kg of Ganja has been recovered in this case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is in custody since 29.07.2025 and has got one criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Learned counsel further submits in fact, police vehicle dash the motorcycle of the petitioner and when petitioner raised

Patna High Court CR. MISC. No.79727 of 2025(2) dt.01-12-2025 2/2 objection then Police personnel implicated the petitioner in this case.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned A.P.P. submits that recovered contraband is above the commercial quantity, hence, there is bar under Section 37 of the N.D.P.S. Act.

6. Considering the aforesaid facts and circumstances of the case and recovery of contraband beyond commercial quantity coupled with embargo under Section 37 of the N.D.P.S. Act, this Court is not inclined to grant bail to the petitioner.

7. The prayer is rejected.

8. Learned Trial Court is directed to expedite the trial. (Rudra Prakash Mishra, J) manish/- U T