Arun KumarversusThe State Of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.53300 of 2025
                      Arising Out of PS. Case No.-212 Year-2025 Thana- BARACHATTI District- Gaya
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                 Arun Kumar, S/o Ranjeet Paswan, Resident of Village-Kahudag, P.S.-
                 Barachatti, Dist.- Gaya
                                                                      ... ... Petitioner
                                             Versus
                 The State of Bihar
                                                              ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Aryan Singh, Advocate
                 For the Opposite Party/s :       Mr. Arun Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

4   06-02-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The accused/petitioner seeks bail in connection

                   with Barachatti P.S. Case No.212 of 2025 registered for the

                   offences punishable under Sections 8, 17-C and 18-C of the

                   Narcotic Drugs and Psychotropic Substances Act (in short

                   ‘NDPS Act’).

                                3. The accused/petitioner is named in the FIR and is

                   in custody since 13.06.2025.

                                4.    Allegation against petitioner is to have in

                   possession of 17 kg of poppy straw, which alleged to be

                   recovered form the cabin of truck.

                                5. Learned counsel appearing on behalf of the
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          petitioner submitted that the seizure of alleged contraband

          was made without any preliminary test ascertaining whether

          same was poppy straw. It is also submitted that the alleged

          recovery not appears to be made from conscious possession

          of this petitioner. It is further submitted that the mandatory

          provisions as available under Section 42 of the NDPS Act not

          appears followed in present case, besides other mandatory

          provisions available under Act itself qua search, seizure and

          sampling (SSS). It is also submitted that as the recovered

          quantity is less than commercial quantity, therefore, rigours

          of Section 37 of the NDPS Act not appears applicable in

          present case. While concluding argument, it is submitted that

          investigation of this case is already completed, for which,

          charge-sheet has been submitted and, as such, there is no

          chance of tampering with the evidence and moreover

          petitioner is a man of clean antecedent.

                       6. Learned APP opposed the prayer for grant of bail

          to the petitioner.

                       7. In view of aforesaid factual submissions and by

          taking note of quantity of recovery, where without any
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                     preliminary assessment, sampling was drawn, coupled with

                     the fact that investigation of this case is already completed,

                     where petitioner remains in custody since 13.06.2025,

                     accordingly, the petitioner, above-named, is directed to be

                     released on bail furnishing bail bond of Rs.10,000/- (Rupees

                     Ten Thousand) with two sureties of the like amount each to

                     the satisfaction of the learned Sessions Judge-cum-Special

                     Judge, NDPS Act, Gaya in connection with Barachatti P.S.

                     Case No.212 of 2025, subject to the conditions as laid down

                     under Section 437(3) of the Code of Criminal Procedure (for

                     short ‘CrPC’)/under Section 480(3) of the Bhartiya Nagrik

                     Suraksha Sanhita (for short ‘BNSS’).


                                                     (Chandra Shekhar Jha, J.)
    Sanjeet/-

U      T