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Patna High CourtCR. MISC./6208/2026bail granted

Amardeep Kumar @ B. C. v. The State Of Bihar

2026-02-26Justice Smt. Soni Shrivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6208 of 2026 Arising Out of PS. Case No.-260 Year-2025 Thana- ISHAKCHAK District- Bhagalpur ====================================================== Amardeep Kumar @ B. C. S/o Thakur Das Resident of Village- Bhikhan Gumti No. 2 Near Raily Line, P.S.- Ishakchak, Dist.- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 26-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. A prayer for bail has been made on behalf of the petitioner in connection with Ishakchak P.S. Case no.260 of 2025 registered under sections 21(a) and 22 of NDPS Act.

3. There is a recovery of 5.50 grams of brown sugar from petitioner's possession.

4. Learned counsel for the petitioner submits that a false recovery of 5.50 grams of brown sugar has been made from petitioner's possession, however, the same has been done in violation of mandatory provisions of search and seizure. Further, the recovered quantity is just over small quantity and much below than commercial quantity. The petitioner is in custody since 11.10.2025 and undertakes to cooperate in the

Patna High Court CR. MISC. No.6208 of 2026(3) dt.26-02-2026 2/3 case/trial. Charge-sheet has been submitted in the case.

5. The application for bail is opposed by learned A.P.P. for the State on the ground that petitioner has criminal antecedents, one of which is under the Drugs and Cosmetic Act and NDPS Act. In response, learned counsel for the petitioner submits that he is on bail in the said cases.

6. Taking into consideration the aforesaid facts and circumstances of the case and also considering the fact that recovered quantity is just over small quantity and much below than commercial quantity, the petitioner is directed to be enlarged on bail in connection with Ishakchak P.S. Case no.260 of 2025 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 concerned where the case is pending/successor Court, subject to the following conditions:- (I) One of the bailors of the petitioner shall be the family member/close relative of the petitioner. (II) The petitioner shall remain physically present in the learned trial Court on each date and shall cooperate in the trial. In case the petitioner is absent on the two consecutive dates without sufficient reasons, the learned trial Court would be at liberty to cancel the bail bonds of the petitioner.

Patna High Court CR. MISC. No.6208 of 2026(3) dt.26-02-2026 3/3 (III) It is made clear that in the event the petitioner is found to be an accused in any other case under the NDPS Act, and such fact is brought to the notice of the concerned Cour, the Court concerned would proceed to cancel the bail bonds of the petitioner in the present case as well.

(Soni Shrivastava, J) Harsh/- U T