Patna High CourtCR. MISC./7157/2026allowed

Amar Kumar v. The State Of Bihar

2026-02-11Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7157 of 2026 Arising Out of PS. Case No.-646 Year-2025 Thana- GARDANIBAG District- Patna ====================================================== Amar Kumar Son of Arvind Singh R/o- Bakhtiyarpur Rani Sarai Mahmudpur P.s- Bakhtiyarpur Dist-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ghanshyam Tiwary, Advocate For the Opposite Party/s :

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 11-02-2026 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 21/22(b), 25 and 29 of the NDPS Act.

3. The case of the prosecution is that altogether 30 grams of smack like intoxicating substance was recovered from the jacket of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Learned counsel for the petitioner has submitted that while making seizure, Section 105 of B.N.SS. has not been complied and the seizure list witnesses are police personnel. It has also been submitted that though the

Patna High Court CR. MISC. No.7157 of 2026(2) dt.11-02-2026 2/2 quantum of the contraband which has been recovered from the possession of this petitioner is more than small quantity but is much less than commercial quantity as per NDPS Act. Petitioner is having no criminal antecedent. Moreover, he is languishing in judicial custody since 18.11.2025.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular 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 Gardanibagh P.S. Case No. 646 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 District and Sessions Judge/Special Judge (NDPS), Patna.

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