Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81208 of 2025 Arising Out of PS. Case No.-221 Year-2025 Thana- PAROO District- Muzaffarpur ====================================================== Raushan Kumar Son of Sakindra Patel @ Sikindar Patel Resident of VillageChochahi Chhapara @ Chochahi Chhapra, P.S.- Paroo, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yugal Kishore For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 09-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 317 (5), 3

(5) of the BNS and Section 25 (1-B) (a), 26 and 35 of the Arms Act as well as Section 8 (c) and 21 (b) of the NDPS Act.

3. The case of the prosecution is that from the possession of the petitioner 23.08 grams of 'smack' like substance and one loaded country made pistol were recovered. Apart from this, a mobile and a bike were also recovered from the possession of this petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that the

Patna High Court CR. MISC. No.81208 of 2025(2) dt.09-12-2025 2/3 contraband, if any, has been recovered from the possession of this petitioner is though more than small quantity but much less than commercial quantity. It is further submitted that the petitioner is having criminal antecedent of seven cases and he has been framed in this case only on the basis of his antecedents. Moreover, the petitioner is languishing in judicial custody since 30.04.2025.

5.

Learned APP appearing for the State has vehemently opposed the prayer of regular bail stating that the petitioner has seven criminal antecedents.

6. Considering the aforesaid 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 NDPS Case No. 101 of 2025 arising out of Paru (Paroo) P.S. Case No. 221 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 Exclusive Spl. Court No. 1st , NDPS, Muzaffarpur, subject to the condition that he shall not indulge himself in similar nature of case in near future. (Ashok Kumar Pandey, J) Jagdish/- U

Patna High Court CR. MISC. No.81208 of 2025(2) dt.09-12-2025 3/3