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Patna High CourtCR. MISC./7780/2026allowed

Abhishek Kumar @ Sonu Kumar Mahto @ Sonu Mahto v. The State Of Bihar

2026-04-24Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7780 of 2026 Arising Out of PS. Case No.-322 Year-2025 Thana- JAYNAGAR District- Madhubani ====================================================== Abhishek Kumar @ Sonu Kumar Mahto @ Sonu Mahto S/O Vinod Kumar Mahto R/O Village- Betaunha, Ward No. 7, P.S- Jaynagar, DistrictMadhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Bharti, Advocate For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 24-04-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Jaynagar P.S. Case No. 322 of 2025 registered for the offence punishable under Sections 8(c), 20, 21(b), 21(c), 22 of the N.D.P.S. Act.

3. The case of the prosecution, in short, is that from the possession of this petitioner, altogether 150 grams of brown sugar and Nepali currency were recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He also submits that nothing has been recovered from the possession of the petitioner. The witnesses of the seizure list are police personnel and

Patna High Court CR. MISC. No.7780 of 2026(5) dt.24-04-2026 2/2 the police has not complied with Section 105 of the BNSS while making the seizure. He further submits that the alleged recovery of contraband is though more than small quantity but is much less than commercial quantity. He further submits that similarly situated co-accused namely, Sujan Maharajan has been granted bail by this Court vide Cr. Misc. No. 14552 of 2026. Moreover, a statement has been made in para 3 of the petition that petitioner has no criminal antecedent and he is languishing in judicial custody since 17.09.2025.

5. The application for bail is opposed by learned APP for the State.

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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-IV, Madhubani in connection with Jaynagar P.S. Case No. 322 of 2025 corresponding to G.R.(N.D.P.S.) Case No. 85 of 2025. (Ashok Kumar Pandey, J) Sudhanshu/- U T