Kunal Kumar @ Kunal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83756 of 2025 Arising Out of PS. Case No.-190 Year-2024 Thana- SARSI District- Purnia ====================================================== Rahul Kumar Mehta @ Rahul Kumar @ Laloo S/o Surya Narayan Mehta R/o Village - Mirjapur Kothi, P.S - Simraha, District - Araria ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K. Agarwal, Sr. Advocate Mr. Kumar Praveen Advocate Mr. Barun Kumar Singh, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 12-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. Earlier the prayer for bail of the petitioner was rejected by this Court vide order dated 09.05.2025 passed in Cr. Misc. No. 3594 of 2025 and second bail petition of this petitioner was dismissed as withdrawn with a liberty "to move before the Trial Court for his grievance and the learned Trial Court shall pass the order without being prejudiced with the present order and if any grievance is still left with the petitioner, he shall approach to this Court."

3. Petitioner is in custody in a case registered for the offence punishable under Section 8(c)/21(b) of the NDPS.

4. As per the allegation in the FIR, 98.99 grams of smack (brown sugar) has been recovered form the possession of the petitioner.

5. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.83756 of 2025(3) dt.12-12-2025 2/2 petitioner is innocent and has falsely been implicated in this case. He next submits that the alleged seized brown sugar/smack is much less than the commercial quantity. He next submits that petitioner is in custody since 17.10.2024 and has got no criminal antecedent as stated in para-3 of the bail petition.

6. Learned APP for the State opposes the prayer for Regular bail of the petitioner.

7. Considering the facts and circumstances of the case as well as the submissions made by learned counsel for the petitioner and also the fact that the petitioner in custody since more than one year, let the above named petitioner be released on bail, on his furnishing bail bonds of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (N.D.P.S Act), Purnea in connection with Sarsi P.S. Case No.190 of 2024 subject to the condition that petitioner shall remain physically present on each and every date fixed by the learned Trial Court. (Ramesh Chand Malviya, J) Harshita/- U T