Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13743 of 2026 Arising Out of PS. Case No.-153 Year-2025 Thana- Benibad District- Muzaffarpur ====================================================== Rajesh Kumar S/O Ram Ratan Singh R/O Village-Piraucha Pachhiyar Tola, P.S-Benibad, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akhauri Kamal Kishore Sahay, Advocate For the Opposite Party/s :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 12-03-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with NDPS Case No. 185 of 2025 arising out of Benibad P.S. Case No. 153 of 2025 registered for the offence punishable under Sections 8(c), 21(b) of the NDPS Act.

3. The case of the prosecution, in short, is that from the possession of this petitioner, altogether 4.160 grams of smack like contraband was 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 case. He also submits that nothing has been recovered from the possession of this petitioner. He also submits the witnesses of

Patna High Court CR. MISC. No.13743 of 2026(2) dt.12-03-2026 2/2 the seizure list are police personnel and the police has not complied with Section 105 of the BNSS while making the seizure. He further submits that the alleged recovery of contraband is less than small quantity. Moreover, a statement has been made in para 3 of the petition that petitioner has no criminal antecedent and he is languishing in judicial custody since 28.10.2025.

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 Exclusive Special Judge-II (NDPS), Muzaffarpur in connection with NDPS Case No. 185 of 2025 arising out of Benibad P.S. Case No. 153 of 2025.

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