Patna High Court – Orders
Aditya Kumar @ Aditya Raj vs The State Of Bihar on 23 July, 2025
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27360 of 2025
Arising Out of PS. Case No.-446 Year-2024 Thana- RAXAUL District- East Champaran
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Aditya Kumar @ Aditya Raj S/o Shiv Kumar Verma Resident of Village-
Koiriya Tola, Ward No. 25, P.S.- Raxaul, District- East Champaran
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
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Appearance :
For the Petitioner : Mrs.Rashmi Jha, Advocate
Mr.Abhishek Kumar, Advocate
For the Opposite Party : Mr.Rajendra Singh, APP
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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 23-07-2025
Heard Mrs. Rashmi Jha, learned counsel appearing on
behalf of the petitioner and learned A.P.P. for the State.
2. This record was fixed under the caption of “Office
Notes” for want of FSL report qua seized contraband, but learned
counsel appearing for the petitioner insisted that same be heard
without FSL report as the case diary of this case is available on
record, and, furthermore, the petitioner is in custody since
19.11.2024.
3. Petitioner seeks bail in connection with Raxaul P.S.
Case No. 446 of 2024, N.D.P.S. G.R. Case No. 104 of 2024
registered for the offences under Sections 132 of the Bhartiya
Nyay Sanhita, 2023 (in short the ‘B.N.S.’) and section 21(b),
22(c), 23 & 29 of the Narcotic Drugs and Psychotropic Substances
Act, 1985 (in short the ‘N.D.P.S. Act‘).
Patna High Court CR. MISC. No.27360 of 2025(4) dt.23-07-2025
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4. The petitioner is named in the First Information
Report and is in custody since 19.11.2024.
5. Allegation against the petitioner is to have in
possession of 1 Kg. and 342 grams of Charas along with 16 pieces
of 100 ml. bottle of Corex cough syrup along with other co-
accused persons.
6. It is submitted by Mrs. Rashmi Jha, learned counsel
appearing on behalf of the petitioner that from perusal of FIR
itself, petitioner along with other co-accused persons was mere a
passerby and the contraband along with cough syrup bottles were
recovered from nearby bus, which was parked in abandoned
condition.
7. It is submitted that FIR itself speaks that recovery
was not made upon the person of the petitioner and, therefore,
issuance of notice under section 50 of NDPS Act is of no relevance.
It is further submitted that quantity appears little more than
commercial quantity i.e. of 1 Kg. but in view of the fact as same
recovered from open space accessible by general public, the rigors
of section 37 of the NDPS Act appears not applicable in the
present case. It is also pointed out that petitioner is a man of clean
antecedent.
8. While concluding argument, it is pointed out that FIR
Patna High Court CR. MISC. No.27360 of 2025(4) dt.23-07-2025
3/3
further narrates the presence of several co-villagers but none of
independent witnesses came forward to be witness of seizure list
which also makes the allegation doubtful.
9. Learned A.P.P. for the State has opposed the prayer
for bail of the petitioner.
10. Considering the factual submission and by taking
note of the fact as FIR itself creates a doubt qua recovery of
contraband from physical possession of this petitioner, coupled
with the fact that petitioner is in custody since 19.11.2024 and
having clean antecedent, accordingly, above-named petitioner is
directed to be released on bail, furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand only) with two sureties of the like
amount each to the satisfaction of learned Sessions Judge/Special
Judge, East Champaran, Motihari/concerned court, in connection
with Raxaul P.S. Case No. 446 of 2024, N.D.P.S. G.R. Case No.
104 of 2024, subject to the condition as laid down under Section
437 (3) Cr.P.C/Section 480(3) of the Bhartiya Nagarik Suraksha
Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
