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2025 DAILYLAW 60600 (PAT)

Sanjeet Kumar v. The State of Bihar

CR. MISC./50489/2025 · 2025-09-12

R P Mishra

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.47716 of 2025 Arising Out of PS. Case No.-42 Year-2025 Thana- MOHAMMADPUR District- Gopalganj ====================================================== Pankaj Singh S/o- Ravindra Singh Resident of Village- Ekma (Ekdengwa), P.S- Manjhi, District- Saran (Chhapra) ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 50489 of 2025 Arising Out of PS. Case No.-42 Year-2025 Thana- MOHAMMADPUR District- Gopalganj ====================================================== Sanjeet Kumar S/O Suresh Das Resident of Village- Pathsala, P.S- Manjhi, District- Saran (Chhapra) ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 51261 of 2025 Arising Out of PS. Case No.-42 Year-2025 Thana- MOHAMMADPUR District- Gopalganj ====================================================== Ravi Kumar S/o Late Chhathu Singh R/o Village- Ekma (Ekdengwa), P.S.- Manjhi, District- Saran (Chhapra) ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 47716 of 2025) For the Petitioner/s : Mr. Dewanand Tiwari, Advocate For the Opposite Party/s : Mr. Anant Kumar 1, APP (In CRIMINAL MISCELLANEOUS No. 50489 of 2025) For the Petitioner/s : Mr. Dewanand Tiwari, Advocate For the Opposite Party/s : Mr. Ram Sumiran Rai, APP (In CRIMINAL MISCELLANEOUS No. 51261 of 2025) For the Petitioner/s : Mr. Dewanand Tiwari, Advocate For the Opposite Party/s : Mrs. Anita Kumari, APP ====================================================== Patna High Court CR. MISC. No.47716 of 2025(4) dt.12-09-2025 2/3 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 4 12-09-2025 Heard learned counsel for the petitioners, learned APP for the State and perused the case diary. 2. The petitioners seek bail in connection with Mohammadpur P.S. Case No. 42 of 2025, instituted for the offences punishable under Sections 20(b)(i)(c), 22(c), 23(c) and 29(i) of the NDPS Act. 3. Prosecution allegation, in short, is that there is recovery of 72.49 Kg of Ganja from the dickey of a car and the petitioners along with other co-accused persons were arrested on the spot. 4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioners also submits that the petitioners are not the owner of the car in question rather they were passenger of that car. It is further submitted that the petitioners have got no concern with the alleged recovery of ganja. The petitioners are in custody since 06.03.2025 and have got no criminal antecedent. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act. 5. Learned A.P.P. for the State has vehemently Patna High Court CR. MISC. No.47716 of 2025(4) dt.12-09-2025 3/3 opposed the prayer for grant of bail to the petitioners. Learned A.P.P. submits that recovered contraband is above the commercial quantity, hence, there is bar under Section 37 of the N.D.P.S. Act. It is further submitted that regular bail of other co- accused has been rejected by this Court vide order dated 29.07.2025 passed in Cr. Misc. No. 46217 of 2025. The petitioners do not deserve the privilege of bail. 6. Considering the aforesaid facts and circumstances of the case and recovery of contraband beyond commercial quantity coupled with embargo under Section 37 of the N.D.P.S. Act, this Court is not inclined to grant bail to the petitioners. 7. The prayer is rejected. Rajorshi/- (Rudra Prakash Mishra, J) U T