← Library
Patna High CourtCR. MISC./21994/2026allowed

Prince Kumar v. The State Of Bihar

2026-04-17Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21994 of 2026 Arising Out of PS. Case No.-2 Year-2025 Thana- Refinery District- Begusarai ====================================================== Prince Kumar S/O Sanjay Singh Resident of Village -Nayagaon Ward No 2 P.S. Nayagaon District Begusarai ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 23573 of 2026 Arising Out of PS. Case No.-2 Year-2025 Thana- Refinery District- Begusarai ====================================================== Jitendra Kumar Son of Ramnandan Singh @ Ramanandan Singh R/o Village - Nayagaon, Ward No. 2, P.S. - Nayagaon, District - Begusarai. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 21994 of 2026) For the Petitioner/s :

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

Mr. Nand Kishore Prasad, APP (In CRIMINAL MISCELLANEOUS No. 23573 of 2026) For the Petitioner/s :

Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 17-04-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for bail in connection with Refinery P.S. Case No. 02 of 2025 registered for the offence punishable under Sections 20 and 22 of the N.D.P.S. Act which was earlier rejected vide order dated 17.12.2025 with a

Patna High Court CR. MISC. No.21994 of 2026(2) dt.17-04-2026 2/3 liberty that the petitioners may renew their prayer for bail after six months or after framing of charge, whichever is earlier.

3. Now, learned counsel for the petitioners has submitted that charges have been framed in this case.

4. The case of the prosecution, in short, is that on an erickshaw there were three persons. One was driving the e-rickshaw and two were on back seat and from their possession, altogether

30. 535 Kg. of ganja was recovered.

5. It is submitted by learned counsel for the petitioners that petitioners are innocent and have committed no offence. They have been falsely implicated in the present case. From perusal of the entire F.I.R., it is not clear as to where these petitioners were sitting on the e-rickshaw. It has also been submitted that the seizure list does not show as to what amount of ganja was recovered from each one of the petitioners rather a collective seizure list has been made. The seizure list witnesses are police personnel and police has not followed section 105 of BNSS while preparing the seizure list. It has also been submitted that petitioners are languishing in judicial custody since 18.01.2025.

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

7. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is

Patna High Court CR. MISC. No.21994 of 2026(2) dt.17-04-2026 3/3 inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Refinery P.S. Case No. 02 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Concerned Court/ learned Additional Sessions Judge I-cum- Spl. Judge, NDPS Act, Begusarai in Cr. Misc. No. 21994 of 2026 and learned Principal Sessions Judge, Begusarai in Cr. Misc. No. 23573 of 2026 with a condition that petitioners shall cooperate in trial and shall remain physically present in the trial court on each and every fixed date.

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