Sahrul v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84063 of 2025 Arising Out of PS. Case No.-267 Year-2025 Thana- POTHIYA District- Kishanganj ====================================================== Sahrul, Son of Johar Ali @ Kalua @ Johar Alam, Resident of Village- Panasi Ward No. 15, P.S.- Pothia- District- Kishanganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s :
Mr. Md. Matloob Rab, APP-34 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 12-12-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in connection with Pothia P.S. Case No.267 of 2025 registered for the offence punishable under Sections 8(c), 21(b)and 29 of the N.D.P.S. Act.
3. The case of the prosecution is that from the possession of this petitioner, altogether 38.41 gram of smack like contraband was recovered.
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. Nothing has been recovered from his possession. Police has not followed Section 105 of the B.N.S.S. while making the seizure. The witnesses are also police personnel. It has also been
Patna High Court CR. MISC. No.84063 of 2025(2) dt.12-12-2025 2/2 submitted that the contraband which has been recovered from the possession of this petitioner is though more than small quantity but is much less than commercial quantity. Petitioner is having no criminal antecedent and he is languishing in judicial custody since 06.10.2025.
5. Learned APP appearing for the State has vehemently opposed the application for bail.
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-cum-Special Judge, NDPS Act, Kishanganj in connection with Pothia P.S. Case No. 267 of 2025. (Ashok Kumar Pandey, J) lata/- U T