Navin Gope @ Navin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11598 of 2026 Arising Out of PS. Case No.-167 Year-2025 Thana- BELCHHI District- Patna ====================================================== Navin Gope @ Navin Kumar S/O Yogendra Prasad @ Yogendra Prasad Yadav R/O Village- Belchhi, P.S.- Belchhi, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar, Adv.

For the State :

Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 19-03-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in connection with Belchhi P.S. Case No. 167 of 2025, registered for the offence punishable under Sections 20(B), 22(b) of NDPS Act.

3. As per allegation, 10.5 kg of ganja was recovered from the premises of the building, namely Bharat Gas Agency, which belongs to the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. No incriminating article has been recovered from his conscious physical possession. The petitioner has remained in custody since 24.09.2025 and is a person of clean antecedent. He is a man of means and there is no chance of his absconding

Patna High Court CR. MISC. No.11598 of 2026(3) dt.19-03-2026 2/3 and tampering with the evidence. He further submits that the petitioner is ready to abide by the conditions which may be imposed by this Court.

5. Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.

6. Considering the fact that the ganja has been recovered from the premises of the building, namely Bharat Gas Agency, which belongs to the petitioner but nothing has been recovered from his conscious physical possession and further that the petitioner has remained in custody since 24.09.2025 and is a person of clean antecedent and also the fact that search and seizure memo has not been signed by two independent witnesses which puts a question mark on legality and validity of the seizure itself and finally taking note of the fact that the investigation stands completed and charge-sheet has already been filed, let the petitioner above named, is directed to be released on bail on furnishing bail-bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Belchhi P.S. Case No. 167 of 2025, subject to the following conditions:- (i) One of the bailors of the petitioner shall be his

Patna High Court CR. MISC. No.11598 of 2026(3) dt.19-03-2026 3/3 close relative.

(ii) The petitioner shall remain physically present in Court on each date of the trial.

(iii) In case of absence on two consecutive dates without substantial reason 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.

(iv) If the petitioner is found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of his bail bond.

(v) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bond in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

7. Accordingly, the prayer for bail is allowed. (Alok Kumar Sinha, J) kundan/- U T