Suman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6553 of 2026 Arising Out of PS. Case No.-132 Year-2025 Thana- MANJHAUL District- Begusarai ====================================================== Suman Kumar Son of Anil Singh @ Anil Prasad Singh R/o Vill.- Puwari Tola, Ward No.- 7, P.S.- Manjhaul, District - Begusarai ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

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

For the Petitioner/s :

Mr.Rahul Kumar For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== 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 NDPS P.S. Case No. 88 of 2025 arising out of Manjhaul P.S. Case No. 132 of 2025, registered for the offences under Sections 8(c), 21(b) of the NDPS Act.

3. As per the prosecution case, informant received a tip of about assembly of some miscreants in an orchard who were planning to commit some offence. A raid was conducted and petitioner and two other co-accused persons were apprehended. From this petitioner, recovery of 7.91 gram of smack like substance was made. Further recovery of mobile phones and cash was also made from the petitioner and other

Patna High Court CR. MISC. No.6553 of 2026(2) dt.04-02-2026 2/3 co-accused persons.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case and no occurrence in the manner as alleged has ever taken place. No testing has been done for the seized contraband and it is not possible to say with certainty that the article seized is smack. There has been non-compliance of mandatory provisions prescribed under Section 50 of the NDPS Act. The petitioner has been made accused on the basis of confession but the same has got no legal sanctity. In fact the petitioner has been named in this case due to village politics. There are two cases against the petitioner and he is on bail in both the cases. The petitioner has been remanded in this case on 25.11.2025. 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 seized which is much less than the commercial quantity and also considering 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

Patna High Court CR. MISC. No.6553 of 2026(2) dt.04-02-2026 3/3 Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Principal Sessions Judge, Begusarai/concerned court, in connection with NDPS P.S. Case No. 88 of 2025 arising out of Manjhaul P.S. Case No. 132 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