Md. Ishak @ Isak @ Md. Isak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10124 of 2026 Arising Out of PS. Case No.-540 Year-2025 Thana- PURNEA SADAR District- Purnia ====================================================== Md. Ishak @ Isak @ Md. Isak S/o Md. Kayum R/o vill- Lakahanjhari, Hasda, Zeromile, PS- Sadar, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 18-03-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Purnea Sadar P.S. Case No. 540 of 2025 registered for the offence punishable under Sections 8(c), 21(b) of the N.D.P.S. Act.

3. The case of the prosecution, in short, is that altogether 10.65 grams of smack like contraband was recovered from the possession of this petitioner.

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 this petitioner. He also submits that the witnesses of the seizure list are police personnel and the police has not complied with

Patna High Court CR. MISC. No.10124 of 2026(3) dt.18-03-2026 2/2 Section 105 of the BNSS while making the seizure. He further submits that the alleged contraband recovered from the possession of the petitioner is more than small quantity but is much less than commercial quantity. He further submits that similarly situated coaccused namely, Md. Aslam has been granted bail by this court vide Cr. Misc. No. 12568 of 2026. The case of this petitioner stands on similar footing. Moreover, the petitioner is languishing in judicial custody since 24.10.2025.

5. The application for bail is opposed by learned APP for the State and submits that the petitioner is having criminal antecedent of two cases.

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 Special Judge (NDPS Act), Purnea in connection with Purnea Sadar P.S. Case No. 540 of 2025.

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