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Patna High CourtCR. MISC./18029/2026allowed

Sameer Kumar @ Suraj Kumar v. The State Of Bihar

2026-03-24Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18029 of 2026 Arising Out of PS. Case No.-21 Year-2026 Thana- PATLIPUTRA District- Patna ====================================================== Sameer Kumar @ Suraj Kumar Son of Ajay Kumar @ Ajay Kumar Yadav R/o- Gosai Tola, Devi Asthan, P.s- Patliputra Dist-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ghanshyam Tiwary, Advocate For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 24-03-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with B.P. No. 163 of 2026 arising out of Patliputra P.S. Case No. 21 of 2026 registered for the offence punishable under Sections 8, 20(b)(ii)(B) of the N.D.P.S. Act.

3. The case of the prosecution, in short, is that from the possession of the petitioner and one Suraj Kumar, altogether 1.250 kg of Ganja 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. The witnesses of the seizure list are

Patna High Court CR. MISC. No.18029 of 2026(2) dt.24-03-2026 2/2 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 though more than small quantity but is much less than commercial quantity. Moreover, the petitioner is languishing in judicial custody since 09.01.2026.

5. The application for bail is opposed by learned APP for the State and submits that the petitioner is having criminal antecedent of two cases.

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 District & Sessions Judge-cum-Special Judge, N.D.P.S. Act, Patna in connection with Patliputra P.S. Case No. 21 of 2026. (Ashok Kumar Pandey, J) Sudhanshu/- U T