Raju Prasad Kushwaha @ Raju Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89458 of 2025 Arising Out of PS. Case No.-133 Year-2025 Thana- JHAROKHAR District- East Champaran ====================================================== Raju Prasad Kushwaha @ Raju Prasad Son of Gudri Mahto Resident of Village - Koraiya, P.O.- Jamunia, P.S.- Jharokhar, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY CAV ORDER 17-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 8(c), 21(a), 22(a) and 23(a) of the NDPS Act.

3. The case of the prosecution is that from the bike of this petitioner, Tramol 50 mg (40 strips x 10 Nos) = 400 tablets (altogether 20 grams) and Netzecare-10 mg (04 strips x 10 Nos) = 40 tablets ( altogether 0.4 grams) were recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that there is no independent witness of the seizure list rather they are police personnel. The said contraband i.e., Tramol 50mg which has been recovered from the possession of this petitioner is though more

Patna High Court CR. MISC. No.89458 of 2025(3) dt.17-01-2026 2/2 than small quantity but is much less than commercial quantity as per N.D.P.S. Act as the commercial quantity of Tramadol tablet is 250 gram. The recovery of Netzecare-10 mg containing Nitrezipam is concerned, the same is less than small quantity as per NDPS Act. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 24.09.2025.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Jharokhar P.S. Case No. 133 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., East Champaran, Motihari.

(Ashok Kumar Pandey, J) Shubham/- AFR/NAFR NAFR CAV DATE 15.01.2026.

Uploading Date 17.01.2026.

Transmission Date 17.01.2026.