Naveen Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6463 of 2026 Arising Out of PS. Case No.-1253 Year-2025 Thana- ALAMGANJ District- Patna ====================================================== Naveen Kumar S/O Dilip Rai R/o- Tayakpur Bilat Chowk, P.S.-Deshri, DistVaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary, Adv.

For the Opposite Party/s :

Mr.Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 04-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Alamganj P.S. Case No. 1253 of 2025, registered for the offences under Sections 8, 20(b)(ii)(B) of the NDPS Act.

3. As per the prosecution case, police received information about a person selling Ganja from the house of one Shambhu Kumar. A raid was conducted and a person tried to escape but he was apprehended and he is the present petitioner. From search of the place from where the petitioner was apprehended, recovery of 4.730 kg Ganja was made. Further recovery of mobile phone and cash was made from this petitioner.

Patna High Court CR. MISC. No.6463 of 2026(2) dt.04-02-2026 2/3

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner has been falsely implicated in this case and he is innocent. There is non-compliance of Section 42 of the NDPS Act and no videography was conducted for the search and seizure in violation of Section 105 of the BNSS. In fact nothing incriminating has been recovered from person or possession of the petitioner and his signature was obtained by the police in a plain paper. The alleged recovery of Ganja is within the intermediate quantity as it is more than small quantity but less than commercial quantity. The petitioner is in custody since 03.12.2025 and he is having clean antecedent. Charge sheet has been submitted.

5. Learned APP appearing for the State opposes the submission made on behalf of the petitioner.

6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the quantity of contraband recovered, submission of charge sheet and period of custody of the petitioner, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned District and Sessions Judge, Spl. Judge (NDPS), Patna/concerned court, in connection

Patna High Court CR. MISC. No.6463 of 2026(2) dt.04-02-2026 3/3 with Alamganj P.S. Case No. 1253 of 2025, subject to the condition laid down under Section 480(3) of the BNSS and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Anuradha/- U T