Mukesh Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84192 of 2025 Arising Out of PS. Case No.-430 Year-2025 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Mukesh Sah S/O Late Mahesh Sah @ Mahesh Gond Resident of VillageKhurmabaad, P.S- Siwan Muffasil, Distt- Siwan. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Kumari Anupam, Advocate For the Opposite Party/s :
Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 15-12-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in connection with Siwan Muffasil P.S. Case No. 430 of 2025 registered for the offence punishable under Sections 8, 20(B), IIA of the N.D.P.S. Act.
3. The case of the prosecution is that altogether 16 gram of smack was recovered from the pocket of this petitioner.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He also submits that nothing has been recovered from the possession of this petitioner. Police has not followed Section 105 of the BNSS while making seizure. It has further been
Patna High Court CR. MISC. No.84192 of 2025(2) dt.15-12-2025 2/2 submitted that the contraband which has been alleged to be recovered from the possession of this petitioner is though more small quantity but is much less than commercial quantity. Moreover, petitioner is languishing in judicial custody since 11.06.2025.
5. The application for bail is opposed by learned APP for the State and submits 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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Siwan in connection with Siwan Muffasil P.S. Case No. 430 of 2025.
(Ashok Kumar Pandey, J) Sudhanshu/- U T