Umanath Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12899 of 2026 Arising Out of PS. Case No.-716 Year-2025 Thana- BIKRAMGANJ District- Rohtas ====================================================== Umanath Mishra S/o Late Girendra Mishra @ Virendra Mishra R/o Village - Durgadih, P.S - Bikramganj, District - Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 10-03-2026 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 8, 20(b)(ii) (B) of the N.D.P.S. Act.

3. The case of the prosecution is that altogether 2 kg of ganja like substance was recovered from the possession of this 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. Nothing has been recovered from the possession of this petitioner. Learned counsel for the petitioner has submitted that while making seizure, Section 105 of B.N.SS. has not been complied by the raiding party and the

Patna High Court CR. MISC. No.12899 of 2026(2) dt.10-03-2026 2/2 seizure list witnesses are police personnel. It has also been submitted that though the 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. Petitioner is having no criminal antecedent. Moreover, he is languishing in judicial custody since 16.10.2025.

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 Bikramganj P.S. Case No. 716 of 2025 (NDPS) on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Rohtas at Sasaram.

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