Patna High Court – Orders
Shubham Kumar vs The State Of Bihar on 3 June, 2025
Author: Anshuman
Bench: Anshuman
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34314 of 2025
Arising Out of PS. Case No.-107 Year-2024 Thana- NAUBATPUR District- Patna
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Shubham Kumar S/o Rajesh Kumar @ Pampam R/o Naubatpur Field, P.S.-
Naubatpur, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Samrendra Kumar Jha, Advocate
For the Opposite Party/s : Mr. Amitesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 03-06-2025
Heard Learned Counsel for the petitioner and Learned
APP for the State.
2. The present criminal miscellaneous application has
been filed under Sections 483 and 484 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (hereinafter referred to as ‘the BNSS,
2023’) for grant of regular bail to the petitioner who is in
custody in connection with Naubatpur P.S. Case No. 107 of
2024, lodged on 14.02.2024, under Sections 21(b)/8(c) of the
N.D.P.S. Act and under Sections 25(1-b)A/26/35 of the Arms
Act.
3. As per the prosecution, the Police has recovered
Desi Katta, Live cartridges as well as 20 sachets of smacks from
the possession of the petitioner.
4. Learned Counsel for the petitioner submits that the
Patna High Court CR. MISC. No.34314 of 2025(2) dt.03-06-2025
2/2
petitioner is innocent and has committed no offence. Counsel
submits that there are nine criminal antecedents of the petitioner
in which he is on bail. He is in custody since 15.02.2024, i.e.,
more than one year. He further submits that the quantity of
smacks is less than the commercial quantity. Counsel further
submits that petitioner is ready to fulfill all the conditions
whatsoever shall be imposed upon him.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that arms with cartridges as
well as smacks have been recovered from the possession of the
petitioner.
6. After hearing the parties it transpires to this Court
that though the quantity recovered is less than the commercial
quantity but whatever be the quantity recovered it had been used
for commercial purposes and, therefore, this Court finds that
there is lacking of grant of bail in the light of Section 37 of the
N.D.P.S. Act. Hence, the prayer for regular bail of the petitioner
is hereby rejected.
(Dr. Anshuman, J)
Mkr./-
U T
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