Bijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83852 of 2025 Arising Out of PS. Case No.-223 Year-2025 Thana- GOPALPUR District- Bhagalpur ====================================================== Bijay Kumar Son of Late Dilip Mandal @ Dilip Kumar Resident of Village - Tintanga Jhalludas Tola, P.S.- Rangra, District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 11-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Gopalpur P.S. Case No. 223 of 2025 registered for the offence punishable under Sections 8(C), 20(b)(ii) and 22 of the N.D.P.S. Act.

3. The case of the prosecution in short is that from the possession of this petitioner, altogether 3.180 kg of the ganja 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. He also submits that nothing has been recovered from the possession of this petitioner. The witnesses of the seizure are police personnel. It has also been submitted that while making seizure, the provisions

Patna High Court CR. MISC. No.83852 of 2025(2) dt.11-12-2025 2/2 of Section 105 of the BNSS has not been followed. He further submits that the amount of contraband which has been recovered from the possession of this petitioner is though more than small quantity but is much less than commercial quantity. It has also been submitted that a statement has been made in para 3 of the petition that petitioner has no criminal antecedent and he is languishing in judicial custody since 23.07.2025.

5. The application for bail is opposed by learned APP for the State.

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 Principal District & Sessions Judge, Bhagalpur in connection with Gopalpur P.S. Case No. 223 of 2025.

(Ashok Kumar Pandey, J) Sudhanshu/- U T