Sujit Kumar Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2025)

Sujit Kumar Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2025)

What the court decided

AI extract

Outcome

Bail granted: petitioner to be released on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each, subject to conditions that one bailor be an own/close family member and that the petitioner appear on every trial date, failing which on two consecutive dates the Trial Court may cancel the bail bonds.

Issue for consideration

Whether the petitioner, accused in Bela PS Case No. 238 of 2024 for offences under Sections 8, 20(b)(ii)(B) of the NDPS Act, should be released on bail.

Court's answer

The Court is inclined to grant bail considering the facts and circumstances of the case, the recovery being below commercial quantity, and the period of custody undergone by the petitioner.

Ratio / Principle

The petitioner is to 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 the Court below/concerned Court in connection with Bela PS Case No. 238 of 2024.

Key takeaways

Condition of bail: one of the bailors shall be an own/close member of the family of the petitioner.ratio¶22
Condition of bail: the petitioner shall appear on each and every date fixed at the trial.ratio¶23
In case of default in appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.ratio

Detailed headnote1 paragraphs

NDPS Act — Bail granted (Ss. 8, 20(b)(ii)(B)) — 10 Kg ganja allegedly recovered from tempo driven by petitioner (Bela PS Case No. 238 of 2024, Sitamarhi) — recovery below commercial quantity and period of custody weighed in favour of bail — charge-sheet already filed; petitioner in custody since 06-11-2024 with no criminal antecedent (per counsel) — release on bail bonds of Rs.10,000/- with two sureties of like amount — conditions: one bailor to be own/close family member; appearance on every trial date; Trial Court free to cancel bail bonds on default on two consecutive dates. Counsel's contentions on inapplicability of S. 37 and non-compliance of Ss. 42 and 50 NDPS Act were urged but the Court did not pronounce on them.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8185 of 2025

Arising Out of PS. Case No.-238 Year-2024 Thana- BELA District- Sitamarhi

======================================================

Sujit Kumar Son of Late Lalendra Kishor Thakur Resident of VillageKanhawa, P.S.- Bela, District- Sitamarhi

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Ravi Ranjan, Advocate For the Opposite Party/s : Mr. Harendra Prasad, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

2 18-02-2025

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Bela PS Case No. 238 of 2024 instituted for the offences under Sections 8, 20(b)(ii)(B) of the NDPS Act.

Prosecution allegation, in short, is that 10 Kg ganja was recovered from the tempo which was driven by the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner

Patna High Court CR. MISC. No.8185 of 2025(2) dt.18-02-2025 2/3

further submits that petitioner has no concern with the recovered contraband. In fact, recovery is made from co-accused, who was passenger in the tempo. 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 06-11-2024 and has got no criminal antecedent. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

Considering the aforesaid facts and circumstances of the case, recovery below commercial quantity and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

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 Bela PS Case No. 238 of 2024, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two

Patna High Court CR. MISC. No.8185 of 2025(2) dt.18-02-2025 3/3

consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J)

Raj Kishore/- U T