← Library
Patna High CourtCR. MISC./9014/2026bail granted

Jitendra Sah v. The State Of Bihar

2026-02-17Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9014 of 2026 Arising Out of PS. Case No.-198 Year-2025 Thana- LAUKAHA District- Madhubani ====================================================== Jitendra Sah S/o Ram Bahadur Sah @ Ram Bahadur Sahu Haluwai @ Ram Bahadur Sahu, R/o Village - Narha, Rigaul Gaon Palika, P.S.- Bhagwanpur, District -Sirha, Nepal.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Gagan Deo Yadav, Advocate Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 17-02-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with G.R. No. 114 of 2025, arising out of Laukaha P.S. Case No. 198 of 2025 dated 10.12.2025, registered for the offences punishable under Sections 21, 22, 23 and 27 of the NDPS Act.

3. As per the prosecution case, recovery of 14.90 grams of brown sugar like substance was made from the petitioner apart from mobile phone.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated in the present case. Nothing incriminating has been recovered from person or possession of the petitioner. Learned counsel further

Patna High Court CR. MISC. No.9014 of 2026(2) dt.17-02-2026 2/3 submits that though recovery of 14.90 grams of brown sugar was alleged, however, in the rejection order the learned Sessions Court has mentioned recovery of 80 grams of brown sugar, which is an error of record. The petitioner was apprehended merely on the basis of suspicion. The amount of recovered contraband is much less than commercial quantity. Learned counsel next submits that petitioner is having clean antecedent. Learned counsel lastly submits that petitioner is in custody since 11.12.2025.

5. Learned A.P.P. appearing on behalf of the State opposes the submissions made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the quantity of recovered contraband and further considering the petitioner's clean antecedent and his period of custody, the petitioner, above-named, is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Principal Sessions Judge, Madhubani / concerned Court, in connection with Laukaha P.S. Case No. 198 of 2025, subject to the condition laid down under Section 480(3) of the B.N.S.S. and other following conditions: (i) One of the bailors will be a close relative of the

Patna High Court CR. MISC. No.9014 of 2026(2) dt.17-02-2026 3/3 petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial Court.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned. (Arun Kumar Jha, J) Shahnawaz/- U T