Ramadhar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21555 of 2026 Arising Out of PS. Case No.-621 Year-2025 Thana- PALIGANJ District- Patna ====================================================== 1.

Ramadhar Prasad S/o Late Ramdeo Prasad R/o- Ankha, Dulhin Bazar P.SDulhin Bazar, Dist- Patna 2.

Raj Kumar Prasad S/o Late Vishwanath Saw R/o Udaypur, Dhobiya Tola, P.s.- Paliganj, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ghanshyam Tiwary, Advocate For the Opposite Party/s :

Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 06-04-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case registered for the offence punishable under section 111(2) (a)of BNS and Sections 20(B)II (a) and 22(a) of NDPS Act.

3. The case of the prosecution is that from the possession of petitioner no. 1 altogether, 318.650 grams of ganja like contraband and from the possession of petitioner no. 2, altogether 327.50 grams of ganja like contraband were recovered respectively.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Learned counsel for the petitioners has submitted that nothing has been recovered from the possession of the petitioners. There is no

Patna High Court CR. MISC. No.21555 of 2026(2) dt.06-04-2026 2/2 independent witness of the seizure list rather they are police personnel and police has not complied Section 105 of BNSS while preparing the seizure list. They have no concern with the alleged recovery. It has further been submitted that the recovery as alleged from the possession of the petitioners is less than small quantity as per NDPS Act. A statement has been made in para-3 of this petition that the petitioners have got no criminal antecedent. Moreover, they are languishing in judicial custody since 30.12.2025.

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 petitioners on bail. The above named petitioners are directed to be released on bail in connection with Paliganj P.S. Case No. 621 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 Sessions Judge cum Special Judge, NDPS Act, Patna.

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