Sanjay Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19523 of 2026 Arising Out of PS. Case No.-293 Year-2025 Thana- KATIHAR MUFFASIL District- Katihar ====================================================== Sanjay Poddar Son of Late Barun Poddar @ Vikram Poddar R/o Kadampur, Anandnagar, Ward no. 45, P.S. - Nagar, Distt. - Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Renuka Ratnakar APP 125 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 08-05-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Muffasil P.S. Case No.293 of 2025 registered for the offence punishable under Sections 8(c) & 21(b) of the NDPS Act.

3. The case of the prosecution, in short, is that form the possession of one Md. Maksood, altogether 25.69 gm of smack like contraband was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It has further been submitted that apprehended accused Md. Maksood Alam has disclosed that he was going to sell the said contraband to the petitioner. Nothing has been recovered from the possession of this

Patna High Court CR. MISC. No.19523 of 2026(3) dt.08-05-2026 2/2 petitioner. Recovery, if any, has been made from the co-accused who has disclosed the name of this petitioner. It has further been submitted that the statement of the co-accused made before the police even in the NDPS cases is not admissible in view of the judgment of the Hon'ble Apex Court in the case of Tofan Singh Vs. State of Tamil Nadu. It has further submitted that co-accused Md. Maksood has already been granted bail by this Court vide Cr. Misc. No. 23094 of 2026. Moreover, petitioner is in judicial custody since 05.01.2026.

5. Learned APP for the State has vehemently opposed the application for bail.

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 Principal District & Sessions Judge, Katihar in connection with Muffasil P.S. Case No.293 of 2025.

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