Mohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20444 of 2026 Arising Out of PS. Case No.-57 Year-2026 Thana- JAHANABAD District- Jehanabad ====================================================== Mohit Kumar S/o Dharmendra Prasad Resident Of Village- Panch Mohalla, Ps- Jehanabad, Dist- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nityanand Neeraj, Advocate Ms. Anjani Sinha, Advocate For the Opposite Party/s :

Mr. Shyam Kumar 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 bail in connection with Jehanabad P.S. Case No.57 of 2026 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 altogether 1027 gm of smack was recovered form the possession of the petitioner.

4. Learned counsel appearing on behalf of the petitioner has submitted that nothing has been recovered from the possession of the petitioner. It has been submitted that the witnesses of the seizure list are police personnel and police have not complied Section 105 of the BNSS while making seizure. It

Patna High Court CR. MISC. No.20444 of 2026(4) dt.24-06-2026 2/2 has been submitted that the alleged recovery of contraband is less than small quantity. It has further been submitted that the petitioner is in judicial custody since 19.01.2026.

5. The application for bail is opposed by learned APP for the State. He has submitted that the petitioner is having criminal antecedent of five 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 with the condition that the petitioner shall not indulge in similar nature of offences in future. 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 and Sessions Judge, Jehanabad in connection with Jehanabad P.S. Case No. 57 of 2026.

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