Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4698 of 2026 Arising Out of PS. Case No.-275 Year-2025 Thana- RAJEPUR District- East Champaran ====================================================== Deepak Kumar, Son of Harmod Rai, Resident of Village - Gosaipur, P.S.- Rajepur, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 02-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with N.D.P.S. G.R. Case No. 135 of 2025 arising out of Rajepur P.S. Case No. 275 of 2025 registered for the offence punishable under Sections 8, 20(B)(ii)(C ) and 25 of the N.D.P.S. Act.

3. The case of the prosecution, in short, is that from the backpack of this petitioner, altogether 2.018 Kg of ganja was recovered. On being asked, he disclosed that he has received this ganja from one Ramu Rai and it is further alleged that from the house of Ramu Rai, further 28.536 Kg of ganja was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this

Patna High Court CR. MISC. No.4698 of 2026(2) dt.02-02-2026 2/2 case. Nothing has been recovered from his possession. The witnesses of the seizure list are police personnel. Police has not complied Section 105 of the B.N.S.S. while making the seizure. It has further been submitted that in any view of the matter, the contraband which is alleged to have been recovered is though more than small quantity but is much less than commercial quantity. Petitioner is languishing in judicial custody since 03.10.2025.

5. Learned APP appearing for the State has vehemently opposed the application for bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge/Special Judge, East Champaran, Motihari in connection with N.D.P.S. G.R. Case No. 135 of 2025 arising out of Rajepur P.S. Case No. 275 of 2025.

(Ashok Kumar Pandey, J) lata/- U T