Umakant Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17261 of 2026 Arising Out of PS. Case No.-128 Year-2025 Thana- Naya Bhojpur District- Buxar ====================================================== Umakant Gupta son of Aanant Gupta Resident Of Village- Simri Dudhi Patti, Ps- Simri, District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 23-03-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Naya Bhojpur P.S. Case No.128 of 2025 registered for the offence punishable under Sections 8(C), 17(C), 18(C), 21(C), 25, 29 and 31 of the N.D.P.S. Act.

3. The case of the prosecution, in short, is that from the house of this petitioner 158 gm of brown sugar was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that the name of this petitioner was disclosed by one Prema Pandit and on his instance the recovery was made. It has further been submitted that nothing has been recovered from the possession of this petitioner. Learned counsel for the petitioner has further submitted that

Patna High Court CR. MISC. No.17261 of 2026(2) dt.23-03-2026 2/2 the witnesses of the seizure list are police personnel and police has not complied Section 105 of the BNSS while making seizure. It has further been submitted that alleged recovery of the contraband is though more than small quantity but is less than commercial quantity. Learned counsel for the petitioner has further submitted that the petitioner is having no criminal antecedent and he is in judicial custody since 26.12.2025.

5. The application for bail is opposed by learned APP for the State.

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 court of learned Special Judge, NDPS Act, Buxar in connection with Naya Bhojpur P.S. Case No.128 of 2025.

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