Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89832 of 2025 Arising Out of PS. Case No.-373 Year-2025 Thana- BAHADURGANJ District- Kishanganj ====================================================== Suraj Kumar S/o Sohan Lal R/o vill - Dohaliya, ward no. 4, P.S.- Bahadurganj, Distt.- Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Meenakshi Priya, Advocate For the Opposite Party/s :

Mr. Anant Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 15-01-2026 Heard Ms. Meenakshi Priya, learned counsel for the petitioner and Mr. Anant Kumar Pandey, learned APP for the State.

2. The petitioner has prayed for bail in connection with NDPS Case No. 373 of 2025 arising out Bahadurganj P.S. Case No. 373 of 2025 registered for the offence punishable under Sections 8, 20(b) (ii) (B) of the NDPS Act.

3. The case of the prosecution in short is that the altogether 6.020 kg of ganja was recovered outside the veranda of the house of this petitioner.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Learned counsel for the petitioner submits that nothing has been recovered from the possession of this petitioner rather the recovery was

Patna High Court CR. MISC. No.89832 of 2025(2) dt.15-01-2026 2/2 made from an open place, which is accessible to everyone. He also submits that the witnesses of the seizure are police personnel. Police has not complied with Section 105 of the BNSS while making the seizure. He further submits that the quantum of contraband which has been recovered from the possession of this petitioner is though more than small quantity but is much less than commercial quantity. Moreover, a statement has been made in para 3 of the petition that petitioner has no criminal antecedent and he is languishing in judicial custody since 24.08.2025.

5. The application for bail is opposed by learned APP for the State.

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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Exclusive Special Court (NDPS), Civil Court, Kishanganj in connection with NDPS Case No. 373 of 2025 arising out of Bahadurganj P.S. Case No. 373 of 2025.

(Ashok Kumar Pandey, J) Sudhanshu/- U T