IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.86306 of 2024 Arising Out of PS. Case No.-104 Year-2024 Thana- SARSI District- Purnia ====================================================== Saurabh Kumar @ Sourav Kumar @ Sorav Kumar Son of Baleshwar Yadav Resident of Village- Biranchiya, Ward No.- 02, P.S.- B.Kothi, District- Purnia ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pawan Kumar, Adv. For the Opposite Party/s : Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 2 21-02-2025 Heard the parties. 2. The petitioner is in judicial custody in connection with Special (NDPS Act) Case No. 91 of 2024 arising out of Sarsi P.S. Case No. 104 of 2024 for the offences punishable under Sections 8(c)/21(b) and 21(c) of the NDPS Act, lodged on 05.06.2024 by the informant, Manish Chand Yadav. 3. As per the prosecution story, the informant, police officer, upon information regarding sale/purchase of smack/brown sugar raided the place and there is/are recovery/seizure in the following manner:- (1) Bijay Kumar Agrawal, 102 Grams smack/brown sugar. (ii) Rahul Kumar, 102 Grams smack/brown sugar, (iii) Saurabh Kumar (petitioner herein), 102 Grams smack/brown sugar, Patna High Court CR. MISC. No.86306 of 2024(2) dt.21-02-2025 2/3 (iv) Dharmendra Yadav- 06 Grams smack/brown sugar. 4. Thus a total of 312 grams of brown sugar have been shown to be recovered/seized which followed the FIR. 5. Learned counsel for the petitioner submits that the recovery/seizure is below the commercial quantity of 250 gram and he has already suffered by being in custody since 06.06.2024 having no criminal antecedent, is a young boy of twenty one years, student. He further submits that one of the co-accused, Dharmendra Yadav has been extended relief in Cr. Misc. No. 80334 of 2024. 6. Learned APP opposes the prayer submitting that the 102 grams each have been recovered/seized from three accused persons though he concede that others have been extended relief. 7. Taking into account the aforesaid facts as also that the recovery/seizure from the petitioner is below the commercial quantity, is in custody since 06.06.2024 having no criminal antecedent, others have been granted bail, as stated above, in that background, this Court is inclined to extend him the privilege of bail with conditions. 8. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Special Judge, NDPS Act, Purnia in connection with Special (NDPS Act) Case Patna High Court CR. MISC. No.86306 of 2024(2) dt.21-02-2025 3/3 No. 91 of 2024 arising out of Sarsi P.S. Case No. 104 of 2024 subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide; (ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself; (iii) the petitioner shall appear before the concerned police station every fortnight for one year to mark his attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. Vijay Singh/- (Rajiv Roy, J) U T