Patna High CourtCR. MISC./86137/2025bail granted

Shyam Kumar v. The State Of Bihar

2026-01-12Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86137 of 2025 Arising Out of PS. Case No.-229 Year-2025 Thana- CHHAURADANO District- East Champaran ====================================================== Shyam Kumar Son of Awadhesh Rai @ Awadhesh Ray Resident Of VillageBadka Dostiya Ps- Lakhaura District -East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar No.III, Advocate For the Opposite Party/s :

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 12-01-2026 Heard Mr. Sunil Kumar No.III, learned counsel for the Petitioner and Mr. Surendra Prasad Singh, learned APP for the State.

2. Petitioner seeks regular bail in connection with N.D.P.S. G.R. Case No. 103/2025 arising out of Chhauradano P.S. Case No. 229 of 2025 dated 25.07.2025 registered for the offence punishable under Sections 8, 20(b) (II)(B), 23(b), 25 and 29 of the NDPS Act.

3. The main submissions advanced by the petitioner's counsel are that the petitioner bears no criminal antecedent, has been languishing in jail since 26.07.2025, and at the time of recovery, he was riding the alleged motorcycle and as per the prosecution story, the recovery of the alleged contraband, i.e., 4.990 kg ganja-like substance, is stated to have been made from a sack which was being carried by the pillion rider, co-accused

Patna High Court CR. MISC. No.86137 of 2025(2) dt.12-01-2026 2/2 Anish Kumar. It is further submitted that there is no independent witness rather, all the witnesses are police personnel, and the recovery memo was prepared in the presence of police personnel only, therefore, the release of the petitioner will not affect the prosecution in any manner at this stage, as the investigation against the petitioner has been completed.

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

5. Considering the aforesaid submissions, averments made in this application, petitioner's custody period, completion of investigation against him and his fair and clean antecedent and mainly the fact that the main prosecution witnesses who are to be examined in the trial of the petitioner, are official persons, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with N.D.P.S. G.R. Case No. 103/2025 arising out of Chhauradano P.S. Case No. 229 of 2025.

(Shailendra Singh, J) maynaz/- U T