Aditya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82741 of 2025 Arising Out of PS. Case No.-111 Year-2025 Thana- Babarganj District- Bhagalpur ====================================================== Aditya Kumar Son of Vishal Yadav @ Feku Yadav Resident of VillageMaheshpur Aliganj near Madwa Sthan, P.S.- Babarganj, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ankit Raj, Advocate For the Opposite Party/s :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Babarganj P.S. case No. 111 of 2025 instituted for the offences under Sections 8(c) & 21(b) of the N.D.P.S. Act.

3. As per prosecution case, the police has recovered total 66 gram of brown-sugar from the house of the co-accused person.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is in custody since 27.09.2025 and has no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. No incriminating material has

Patna High Court CR. MISC. No.82741 of 2025(2) dt.28-11-2025 2/3 been recovered from the conscious possession of the petitioner. The alleged motorcycle does not belong to the petitioner rather the owner is one Md. Asar. The name of the petitioner has transpired in this case on the basis of the disclosures made by the apprehended person namely Akash Kumar @ Kattu Pal stating that he had purchased the said brown sugar like substance from the petitioner. The petitioner has no concern with the alleged seized articles. The recovered contraband is below commercial quantity, and hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act. Other coaccused has been granted bail by this Court vide order dated 04.09.2025, passed in Cr. Misc. No. 61491 of 2025.

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, the period of custody undergone by the petitioner as also the petitioner being lady, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.82741 of 2025(2) dt.28-11-2025 3/3 below/concerned Court in connection with Babarganj P.S. case No. 111 of 2025.

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