Mukesh Bharati @ Bhuar Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16297 of 2026 Arising Out of PS. Case No.-81 Year-2026 Thana- BHAGWAN BAZAR District- Saran ====================================================== Mukesh Bharati @ Bhuar Bharti S/o Late Yogendra Bharti R/o VillageSakkadi Bharati Tola, PS- Jalalpur, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Singh, Advocate For the Opposite Party/s :

Ms. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-03-2026 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Bhagwan Bazar PS Case No. 81 of 2026 instituted for the offences under Sections 8, 20(b)(i)(B) of the NDPS Act. 3.

Prosecution allegation, in short, is that there is recovery of 1.175 Kg of ganja from the possession of coaccused, namely, Shashi Bhushan Singh. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner further submits that petitioner has no concern with

Patna High Court CR. MISC. No.16297 of 2026(2) dt.13-03-2026 2/2 the recovered contraband. From perusal of the FIR, it would reveal that there is recovery from the possession of co-accused person. The recovered contraband is below the commercial quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. The petitioner is in custody since 31.01.2026 and has got no criminal antecedent. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, recovery below commercial quantity and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bhagwan Bazar PS Case No. 81 of 2026.

(Rudra Prakash Mishra, J) Raj Kishore/- U T