Avinash Raj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17683 of 2026 Arising Out of PS. Case No.-16 Year-2026 Thana- SOHSARAI District- Nalanda ====================================================== Avinash Raj S/o- Rampravesh Sharma @ Ram Pravesh Sharma @ Ramperwesh Sharma R/v- Ranabigha Kosuk Ps- Deepnagar Dist- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vipin Kumar Singh, Advocate For the Opposite Party/s :
Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 24-06-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 8(c) and 21(b) of the NDPS Act.
3. The case of the prosecution, in short is that from the pocket of this petitioner, altogether 2.5 grams of brown sugar were recovered.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Nothing has been recovered from his possession. Police has not complied Section 50 of the N.D.P.S. Act while searching the body of the petitioner. It has further been submitted that the witnesses of the seizure list are
Patna High Court CR. MISC. No.17683 of 2026(4) dt.24-06-2026 2/2 police personnel. Police has not complied Section 105 of the B.N.S.S. while making the seizure. It has also been submitted that the alleged recovery of contraband is less than small quantity. Petitioner is having no criminal antecedent and he is languishing in judicial custody since 21.01.2026.
5. Learned APP appearing for the State has vehemently opposed the prayer of regular 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 released on bail in connection with Sohsarai P.S. Case No. 16 of 2026 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Biharsharif at Nalanda. (Ashok Kumar Pandey, J) durgesh/- U T