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Patna High CourtCR. MISC./10648/2026allowed

Munna Paswan v. The State Of Bihar

2026-02-18Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10648 of 2026 Arising Out of PS. Case No.-68 Year-2025 Thana- HARPUR District- East Champaran ====================================================== Munna Paswan Son of Late Nand Kishore Paswan Resident of Village - Madhopur Madhumalat, P.S. - Turkauliya, Dist. - East Chamaparan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 18-02-2026 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, 23 (c), 20 (B) (II) ©, 25 and 29 of the NDPS Act and Section 111 (2) of the BNS.

3. The case of the prosecution is that altogether 14 Kg. of 'ganja' was recovered from the possession of this petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that while making seizure, police have not complied Section 105 of the BNSS Act and the witnesses of the seizure list are police

Patna High Court CR. MISC. No.10648 of 2026(2) dt.18-02-2026 2/2 personnel. It has also been submitted that the quantity of contraband, which has been recovered from the possession of this petitioner, is though more than small quantity but much less than commercial quantity. Nothing has been recovered from the conscious possession of this petitioner. Moreover, the petitioner is languishing in judicial custody since 26.05.2025 having no criminal antecedent. Learned counsel has further submitted that similarly situated other co-accused person has been granted bail by this court vide Cr. Misc. No. 84037 of 2025.

5. Learned APP appearing for the State has opposed the prayer of regular bail.

6. Considering the aforesaid 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 Harpur P.S. Case No. 68 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 Sessions Judge/ Special Judge, East Champaran, Motihari. (Ashok Kumar Pandey, J) shubham/- U T