Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87952 of 2025 Arising Out of PS. Case No.-511 Year-2025 Thana- PURNEA SADAR District- Purnia ====================================================== Raju Kumar S/o- Late Gajendra Yadav Res of Village- Janta Chowk PS- K. Hat District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bidhu Ranjan, Advocate For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-01-2026 Heard Mr. Bidhu Ranjan, learned counsel for the petitioner and Mr. Ram Naresh Ray, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 13.10.2025, in connection with Purnea Sadar P.S. Case No. 511 of 2025, F.I.R. dated 12.10.2025 registered for the offences punishable under Sections 8(C) and 21(b)of the N.D.P.S. Act.

3. The case relates to recovery of 44.41 gms. of Smack/brown sugar including the weight of polythene, one mobile phone with SIM amounting to Rs. 4,470/- and one wristwatch from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. It appears from the F.I.R. that altogether 44.41 gms. of Smack/brown sugar including the weight of polythene,

Patna High Court CR. MISC. No.87952 of 2025(3) dt.22-01-2026 2/3 one mobile phone with SIM amounting to Rs. 4,470/- and one wristwatch was recovered from the possession of the petitioner. He further submits that there is non-compliance of mandatory provisions of N.D.P.S. Act and recovery 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 13.10.2025.

5. Learned Additional Public Prosecutor for the State, on the other hand, vehemently opposed the prayer for bail of the petitioner and submits that the recovery has been made from the possession of the petitioner.

6. Considering the facts and circumstances of the case and the fact that the petitioner having clean antecedent and the recovered contraband is less than the commercial quantity, 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 Sessions Judge (NDPS Act), Purnea in connection with Purnea Sadar P.S. Case No. 511 of 2025, subject to the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be

Patna High Court CR. MISC. No.87952 of 2025(3) dt.22-01-2026 3/3 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