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Patna High CourtCR. MISC./7665/2026allowed

Tunu Kumar v. The State Of Bihar

2026-02-12Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7665 of 2026 Arising Out of PS. Case No.-551 Year-2025 Thana- DEHRI TOWN District- Rohtas ====================================================== Tunu Kumar S/o Ramashish Singh R/o Village- Pachpokhari, P.S.- Nokha, District- Rohtas ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Chandrahash Kumar, At present posted as Police Sub Inspector, Dehri (Town) Police Station, P.S.- Dehri (Town), District- Rohtas, Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashutosh Tripathy, Advocate For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 12-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 8, 20(B)(ii) (c), 25 and 29 of the NDPS Act.

3. The case of the prosecution, in short, is that altogether 86.38 kg of ganja was recovered from a tractor and before that tractor a car was coming and from that car 6.29 kg ganja was recovered.

4. Learned counsel for the petitioner submits that petitioner is neither the owner nor driver of the car rather he was only a passenger in that car. It has further been submitted that in

Patna High Court CR. MISC. No.7665 of 2026(2) dt.12-02-2026 2/2 any case this, this recovery is though more than small quantity but is much less than commercial quantity. It has also been submitted that the driver of the said car has been granted bail by this Court in Cr. Misc. No. 5002 of 2026. The case of this petitioner stands on better footing. Learned counsel for the petitioner has lastly submitted that the petitioner is languishing in judicial custody since 17.12.2025.

5. Learned Additional Public Prosecutor for the State has vehemently opposed the 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 released on bail in connection with Dehri Town P.S. Case No. 551 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Rohtas at Sasaram.

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