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Patna High CourtCR. MISC./8826/2026allowed

Manish Kumar @ Manish Kumar Bhagat v. The State Of Bihar

2026-02-19Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8826 of 2026 Arising Out of PS. Case No.-254 Year-2025 Thana- KEWATI District- Darbhanga ====================================================== Manish Kumar @ Manish Kumar Bhagat Son of Birendra Bhagat Resident of village- ward No 13, Maliatol, samaila P.s- Keoti Distt- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kedar Jha, Advocate For the Opposite Party/s :

Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 19-02-2026 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 8(c), 21(c), 29 and 35 of the NDPS Act.

3. The case of the prosecution, in short, is that from the shop of this petitioner, Spasmo Proxyvon Plus Capsule total 234 capsule and Alprazolam Tablet Anxit-0.5 total 499 tablet were recovered.

4. Learned counsel for the petitioner submits that as far as Alprazolam Tablet Anxit 0.5 is concerned, it is small quantity whereas Spasmo Proxyvon Plus is intermediary quantity. Learned counsel for the petitioner has submitted that the petitioner is a license holder and that this case should have

Patna High Court CR. MISC. No.8826 of 2026(2) dt.19-02-2026 2/2 been filed under Drugs and Cosmetics Act. It has further been submitted that nothing has been recovered from the possession of this petitioner. The witnesses of the seizure list are police personnel and police has not complied Section 105 of the BNSS. Learned counsel for the petitioner has submitted that the petitioner is having no criminal antecedent and he is in judicial custody since 10.10.2025.

5. Learned APP for the State has vehemently opposed the 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 PTN 2087 of 2025 arising out of Keoti P.S. Case No. 254 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 Additional Sessions Judge-XI-cum-Special Judge (NDPS), Darbhanga.

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