Rakesh Kumar @ Rakesh Kumar Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10719 of 2026 Arising Out of PS. Case No.-432 Year-2025 Thana- GHORASAHAN District- East Champaran ====================================================== Rakesh Kumar @ Rakesh Kumar Jaiswal, S/o Shankar Prasad @ Hari Shankar Prasad, Resident of Village- Ghorasahan, P.S.- Ghorasahan, DistrictEast Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar, Advocate Ms. Shambhavi Priya, Advocate Mr. Naveen Kumar Prasad, Advocate For the Opposite Party/s :

Mr. Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 24-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Ghorasahan P.S. Case No.432 of 2025 registered for the offence punishable under Section 22(b) of the N.D.P.S. Act.

3. The case of the prosecution, in short, is that from the shop of the petitioner, pharmaceutical formulations comprising Codeine Phosphate, Nitrazepam, Tramadol Hydrochloride and Alprazolam 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

Patna High Court CR. MISC. No.10719 of 2026(2) dt.24-02-2026 2/2 case. The alleged contraband which is said to be recovered is though more than small quantity but is much less than commercial quantity that is why a case under Section 22(b) of the N.D.P.S. has been registered against the petitioner. It has further been submitted that petitioner is a shopkeeper. It has also been submitted that he was arrested on 19.12.2025 whereas the F.I.R. was lodged on 22.12.2025, there is delay of three days. He is having no criminal antecedent and he is languishing in judicial custody since 22.12.2025.

5. Learned APP appearing for the State has vehemently opposed the application for 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 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 Sessions Judge/Special Judge, East Champaran at Motihari in connection with Ghorasahan P.S. Case No. 432 of 2025. (Ashok Kumar Pandey, J) lata/- U T