Kundan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2667 of 2025 Arising Out of PS. Case No.-111 Year-2024 Thana- HATHIDAH District- Patna ====================================================== Kundan Kumar S/O Gauri Mahto R/O Village- Gaura, P.S. - Teghra, DistrictBegusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar, Advocate For the Opposite Party/s :
Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-01-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Hatidah P.S. Case No. 111 of 2024, instituted for the offences punishable under Sections 8, 20(b)(ii)(B) of the NDPS Act.
3. Prosecution allegation, in short, is that there is recovery of 3 Kg ganja from the possession of the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner further submits that the petitioner was a passerby of that way
Patna High Court CR. MISC. No.2667 of 2025(2) dt.27-01-2025 2/2 and he was arrested on the basis of suspicion. The petitioner has got no concern with the alleged recovery of ganja. The recovered contraband is below the commercial quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. The petitioner is in custody since 19.10.2024 and has got no criminal antecedent. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, the recovered contraband being below the commercial quantity and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Hatidah P.S. Case No. 111 of 2024.
(Rudra Prakash Mishra, J) Rajorshi/- U T