Dhiraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12036 of 2026 Arising Out of PS. Case No.-49 Year-2025 Thana- Chakia District- Begusarai ====================================================== Dhiraj Kumar S/o- Angad Singh R/v- Chak Ps- Matihani Dist- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bipin Kumar, Advocate Mr. Abhishek Kumar, Advocate Mr. Ravi Kant, Advocate Mr. Abhishek Kumar, Advocate For the Opposite Party/s :
Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 23-03-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in connection with N.D.P.S. Case No. 51 of 2025, arising out of Chakiya P.S. Case No.49 of 2025 registered for the offence punishable under Section 11 of the BNS and under Sections 8(c), 17(c), 18(c), 21(c), 29 and 31 of the NDPS Act.
3. The case of the prosecution, in short, is that from the possession of this petitioner altogether 112 gm of smack like contraband was recovered.
4. Learned counsel appearing on behalf of the petitioner has submitted that this is a case under NDPS Act and from perusal of the FIR it is clear that the body of the petitioner
Patna High Court CR. MISC. No.12036 of 2026(3) dt.23-03-2026 2/3 was searched but notice of Section 50 was not served. It has been mentioned only for the purpose of compliance, actually no notice was served. It has further been submitted that nothing has been recovered from the possession fo this petitioner. Learned counsel for the petitioner has further submitted that the witnesses of the seizure list are police personnel and police has not complied Section 105 of the BNSS. It has further been submitted that the alleged recovery of the contraband is though more than small quantity but is much less than commercial quantity. Learned counsel for the petitioner has submitted that the petitioner is having no criminal antecedent and he is in judicial custody since 10.08.2025.
5. The application for bail is opposed by learned APP for the State.
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 court of District and Additional Sessions Judge 1st -cum- Special Judge, NDPS Act and P.O. Children Court, Begusarai in connection
Patna High Court CR. MISC. No.12036 of 2026(3) dt.23-03-2026 3/3 with NDPS Case No. 51 of 2025, arising out of Chakiya P.S. Case No.49 of 2025.
(Ashok Kumar Pandey, J) durgesh/- U T