Patna High Court – Orders
Prakash Kumar @ Pramod @ Pramod Kumar vs The State Of Bihar on 7 March, 2025
Author: Arun Kumar Jha
Bench: Arun Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11684 of 2025
Arising Out of PS. Case No.-689 Year-2024 Thana- DIGHA District- Patna
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Prakash Kumar @ Pramod @ Pramod Kumar, S/O Late Sukhdeo Prasad,
Resident of village- Daulatpur, P.S.- Bhagwan Bazar, District- Chapra at
present Resident of village- Bansh Kothi, Gate No.- 93, P.S.- Digha, District-
Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Vijay Kumar Sinha, Advocate
For the Opposite Party/s : Md. Fahimuddin, APP
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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 07-03-2025
Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Special Case (NDPS) No.187/2024, arising out
of Digha P.S. Case No. 689 of 2024, registered for the alleged
offences under Sections 8/20 (b) (ii) (A) 22 of NDPS Act.
3. As per prosecution case, the police received secret
information about a person keeping ganja in his gumti (shop). A
raid was conducted and the person tried to flee away from the
spot with a blue colour bag, but he was apprehended by the
police. The petitioner is the apprehended person and from his
possession, a bag containing 730 grams of ganja was recovered.
4. The learned counsel for the petitioner submits that
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petitioner is innocent and has been falsely implicated in this
case. Nothing incriminating has been recovered from the
person/possession of this petitioner. The learned counsel further
submits that recovered contraband is below the small quantity
and since recovered contraband is below the small quantity, it is
a bailable offence and the petitioner should have been enlarged
on bail by the police itself rather even the learned Special Judge,
NDPS has also rejected his bail application. The learned
counsel further submits that there has been complete violation
of Section 50 of the NDPS Act. The petitioner is having
criminal antecedent of two cases and he is on bail in both the
cases. The petitioner is in custody since 30.09.2024 and the
charge sheet has been submitted.
5. Learned APP opposes the submission made on
behalf of the petitioner. However, the learned APP concedes that
the quantity of recovered contraband is less than the notified
small quantity.
6. Having regard to the facts and circumstances of the
case and submissions made here-in-above and considering the
less than small quantity of contraband seized and further
considering the period of custody of the petitioner along with
submission of charge sheet, the petitioner above named is
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directed to be released on bail on furnishing bail bonds of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Judge (NDPS) Act, Court No.1, Patna, in connection with
Special Case (NDPS) No. 187 of 2024, arising out of Digha P.S.
Case No.689 of 2024, subject to the following conditions :
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each
and every date fixed by the court below.
(iii) In case of absence on three consecutive
dates or in violation of the terms of the bail,
the bail bonds of the petitioner will be liable to
be cancelled by the court concerned.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T