Sujit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21408 of 2026 Arising Out of PS. Case No.-13 Year-2026 Thana- SAHPUR District- Patna ====================================================== Sujit Kumar S/O Late Rajnath Rai Resident Of Village- Daudpur, P.s.- Shahpur, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 06-04-2026 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 brief, is that a total of 8 grams of heroin was recovered from the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that nothing has been recovered from the conscious possession of the petitioner and that the alleged recovery has been made from a joint house. It is further submitted that the witnesses to the seizure list are police personnel and that the provisions of

Patna High Court CR. MISC. No.21408 of 2026(2) dt.06-04-2026 2/2 Section 105 of the B.N.S.S. have not been complied with while making the seizure. It is further submitted that the alleged recovery, though more than small quantity, is much less than the commercial quantity. It is also submitted that the petitioner is in custody since 15.01.2026 and has one criminal antecedent. 5.

Learned APP appearing for the State has vehemently opposed the prayer of regular bail.

6. Considering the aforesaid 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 Shahpur P.S. Case No. 13 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 Sessions Judge/Special Judge (NDPS), Patna, subject to the condition that the petitioner shall not indulge himself of similar nature of offence in future.

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