Sujan Maharjan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14552 of 2026 Arising Out of PS. Case No.-322 Year-2025 Thana- JAYNAGAR District- Madhubani ====================================================== Sujan Maharjan Son of Sukki Maharjan @ Sukku Maharjan Resident of Village -Kalanki PS- Kalanki District- Kathmandu, Nepal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash, Advocate For the Opposite Party/s :

Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 15-04-2026 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 (c), 20, 21 (b), 21 (c) and 22 of the NDPS Act.

3. The case of the prosecution is that from the possession of this petitioner, altogether a sum of Rs. 28000 of Nepali Currency was recovered. It is further alleged that the contraband articles were recovered from the possession of coaccused, namely, Abhishek Kumar.

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 no contraband whatsoever has been recovered from the conscious

Patna High Court CR. MISC. No.14552 of 2026(3) dt.15-04-2026 2/2 possession of this petitioner and he has been framed in this case merely on the basis of recovery made from the co-accused. It is further submitted that all the witnesses to the seizure list are police personnel and the police have not complied the mandatory provision of Section 105 of the BNS at the time of making seizure. Moreover, the petitioner is languishing in judicial custody since 17.09.2025 having no criminal antecedent.

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 Jaynagar P.S. Case No. 322 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 Additional Sessions Judge - IV, Madhubani.

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