Abhishek Kumar @ Fala v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14970 of 2026 Arising Out of PS. Case No.-16 Year-2026 Thana- GARDANIBAG District- Patna ====================================================== Abhishek Kumar @ Fala S/o Ashok Kumar Acharya @ Ashok Kumar R/o Janta Road, Veer Kunwar Singh Nagar, Phulwari, Patna. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mrigank Mauli, Sr. Advocate Mr. Navin Kumar Singh For the Opposite Party/s :
Mr. Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 13-05-2026 Heard the learned Senior Counsel for the petitioner and learned APP for the State.
2. The present application has been filed seeking regular bail in connection with Gardanibagh P.S. Case No. 16 of 2026, registered for offences punishable under Sections 21, 22(B), 25 and 29 of the NDPS Act.
3. As per the prosecution case, 28 grams of smack was recovered. The petitioner was apprehended along with one Manish Kumar @ Laden @ Bhillu from whose possession the alleged recovery was made.
4. Learned Senior Counsel for the petitioner submits that the petitioner is innocent and has not committed any offence. It is further submitted that the petitioner is in custody
Patna High Court CR. MISC. No.14970 of 2026(4) dt.13-05-2026 2/3 since 07.01.2026 and has no criminal antecedents. It is also submitted that the co-accused Manish Kumar @ Laden @ Bhillu has already been granted regular bail by this Court in Cr. Misc. No. 28575 of 2026 dated 11.05.2026.
5. Learned A.P.P. for the State has vehemently opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances of the case and the fact that the co-accused, from whose possession the alleged recovery was made, has already been granted bail by this Court, this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Gardanibagh P.S. Case No. 16 of 2026 subject to conditions that:- (i). The petitioner shall appear in the trial regularly either personally or through his lawyer and shall cooperate in the trial and non-cooperation in the trial shall result in cancellation of the bail bond of the petitioner.
ii). At the time of accepting the bail bonds of the petitioner, the Court below shall verify the fact whether the petitioner
Patna High Court CR. MISC. No.14970 of 2026(4) dt.13-05-2026 3/3 has clean antecedent or not. If it is found that the petitioner has clean antecedent then only his bail bonds shall be accepted by the Court below. However, it is made clear that the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
8. It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail application. Such observations shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings in any manner.
(Sandeep Kumar, J) Shishir/- U T