Amit Kumar Sah @ Fantus v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14713 of 2026 Arising Out of PS. Case No.-10 Year-2026 Thana- BELDOUR District- Khagaria ====================================================== Amit Kumar Sah @ Fantus, S/o Ashok Sah, R/o Phulwari, Ward no. 11, P.S.- Beldaur, Distt.- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Siddhartha Prasad, Adv.
Mr. Om Prakash Kumar, Adv.
Mr. Shashank Shekhar, Adv.
Mr. Rahul Kumar, Adv.
Mr. Shantam Kriti, Adv.
For the Opposite Party/s :
Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 12-03-2026 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner seeks bail in connection with Beldaur P.S. Case No. 10 of 2026 dated 10.01.2026 registered for the offence punishable under Sections 223 of the Bharatiya Nyaya Sanhita, 2023 and Section 21(b) of the N.D.P.S. Act.
3. The allegation is recovery of 105 gm of smack like substance from the pocket of the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that nothing has been recovered from the conscious possession of the petitioner. There is no
Patna High Court CR. MISC. No.14713 of 2026(2) dt.12-03-2026 2/2 independent witness to the seizure list and there is complete violation of Section 103 of the B.N.S.S. and Section 50 of the N.D.P.S. Act. It is further submitted that the seized contraband like substance is much less than commercial quantity. The petitioner is in custody since 11.01.2026, having no criminal antecedent and charge-sheet has been submitted in the case.
5. Learned A.P.P for the State opposes the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge (N.D.P.S.), Khagaria in connection with Beldaur P.S. Case No. 10 of 2026.
(Khatim Reza, J) prabhat/- U T