Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.265 of 2025 Arising Out of PS. Case No.-614 Year-2024 Thana- BIDUPUR District- Vaishali ====================================================== Raja Kumar Son of Shivan Paswan Resident of Village - Rajasan, Ward No. 3, P.S. - Bidupur, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hemant Ray, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 05-02-2025 Heard Mr. Hemant Ray, learned counsel for the petitioner and Mr. Shailendra Kumar, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 03.10.2024, in connection with Bidupur P.S. Case No. 614 of 2024, F.I.R. dated 02.10.2024 registered for the offences punishable under Sections 8, 20(b)(ii)B & 29 of the N.D.P.S. Act.

3. The case relates to recovery of 36 Grams of Narcotic Substance as well as one mobile phone.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R.

Patna High Court CR. MISC. No.265 of 2025(2) dt.05-02-2025 2/3 He further submits that as per allegation in the F.I.R. that one mobile phone has been recovered from the pocket of the petitioner and 36 Grams of Narcotics Substance has been recovered from the house of the petitioner. He further submtis that although recovery has been made from the house of the petitioner and the petitioner is not the absolute owner of he house in question and apart from that there is non-compliance of Sections 42 and 52 of the N.D.P.S. Act and the recovered contraband is less than the commercial quantity and hence there is no embargo under Section 37 of the N.D.P.S. Act to enlarge the petitioner on bail. He further submits that the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 03.10.2024.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Principal District & Sessions Judge, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 614 of 2024, subject

Patna High Court CR. MISC. No.265 of 2025(2) dt.05-02-2025 3/3 to the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T