Lallu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84313 of 2025 Arising Out of PS. Case No.-129 Year-2024 Thana- NOKHA District- Rohtas ====================================================== Lallu Kumar S/O Dhanjee Chandravanshi @ Dhanji Singh Ram R/O VillageGamhariya, P.S- Nokha, Distt.- Rohtas. ... ... Petitioner/s
Versus
The State of Biha ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prakash Chandra Jha, Advocate For the Opposite Party/s :
Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-12-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with NDPS Case No. 33 of 2024 instituted for the offences under Sections 8, 20(b)(ii)(c), 22(c) of the NDPS Act.
3. Prosecution allegation, in short, is that there is recovery of total 42.935 Kg of ganja from two motorcycles, out of which 21.371 Kg ganja was recovered from the motorcycle of the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is in custody since 13.04.2024 and has got no criminal antecedent. Charge-sheet has been
Patna High Court CR. MISC. No.84313 of 2025(2) dt.10-12-2025 2/2 submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. Learned counsel further submits petitioner has no concern with the alleged recovery.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned A.P.P. submits that recovered contraband is above the commercial quantity, hence, there is bar under Section 37 of the N.D.P.S. Act.
6. Considering the aforesaid facts and circumstances of the case and recovery of contraband beyond commercial quantity coupled with embargo under Section 37 of the N.D.P.S. Act, this Court is not inclined to grant bail to the petitioner.
7. The prayer is rejected.
(Rudra Prakash Mishra, J) Alok Verma/- U T