Sujit Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86636 of 2025 Arising Out of PS. Case No.-138 Year-2025 Thana- GWALPARA District- Madhepura ====================================================== Sujit Kumar Yadav, Son of Jagdish Yadav, Resident of Village- Ramganj, Ward No. 3, P.S.- Gwalpara, District- Madhepura (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akash Anand, Adv.

For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 09-01-2026

1. Heard Mr. Akash Anand, learned counsel for the petitioner and Mr. Bharat Lal, learned APP for the State.

2. The petitioner seeks regular bail in connection with Gwalpara P. S. Case No. 138 of 2025, dated 23.07.2025 registered for the offences punishable under Sections 8 and 20(b)(ii)(B) of the N.D.P.S. Act.

3. The main submissions advanced by the petitioner's counsel are that the alleged contraband namely, Ganja which is said to have been recovered from the physical possession of the petitioner falls within the purview of intermediate quantity and is much less than the commercial quantity, the petitioner bears no criminal antecedent and has been languishing in jail since 24.07.2025 and against him, the investigation has been completed and the release of him on bail at this stage will not

Patna High Court CR. MISC. No.86636 of 2025(2) dt.09-01-2026 2/2 affect the prosecution in any manner as the main witnesses of the prosecution including the witnesses of the seizure are police personnel and there may be delay in the completion of the petitioner's trial.

4. Learned APP appearing for the State has opposed the bail prayer of the petitioner.

5. In the facts and circumstances of this case and considering the aforesaid submissions and the averments made in this application, mainly the petitioner's custody period and the fact that the main prosecution witnesses who are to be examined in the trial of the petitioner are police personnel, so, the release of the petitioner on bail at this stage will not affect the prosecution in any manner, in my opinion, it is a fit case for bail to the petitioner at this stage. Accordingly, let the petitioner named-above be enlarged on bail in connection with Gwalpara P. S. Case No. 138 of 2025 on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) Rajiv/- U T