Santan Bharti @ Shantan Bhuiyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28180 of 2026 Arising Out of PS. Case No.-21 Year-2025 Thana- CHAKARANDHA P.S. District- Gaya ====================================================== Santan Bharti @ Shantan Bhuiyan S/o Badhan Bharti @ Barhan Bhuiyan Resident of village- Pichhuliya, PS- Chhakarbandha, Distt- Gayaji ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Nikhil, Adv.

For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 04-05-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Chhakarbandha P.S. Case No. 21 of 2025 registered for the offence punishable under Sections 8, 17(ii), 18(iii), 25, 29 of the N.D.P.S. Act.

3. The case of the prosecution, in short, is that altogether 1.6 kg of Opium was recovered from the bedroom of the petitioner.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He also submits that nothing has been recovered from the possession of the petitioner. The witnesses of the seizure list are

Patna High Court CR. MISC. No.28180 of 2026(2) dt.04-05-2026 2/2 police personnel and the police has not complied with Section 105 of the BNSS while making the seizure. He further submits that the alleged recovery of contraband is though more than small quantity but is much less than commercial quantity. Moreover, the petitioner is languishing in judicial custody since 19.12.2025.

5. The application for bail is opposed by learned APP for the State and submits that the petitioner has criminal antecedent of one case.

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 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 learned Sessions Judge-cum-Special Judge, N.D.P.S. Act, Gaya Ji in connection with Chhakarbandha P.S. Case No. 21 of 2025. (Ashok Kumar Pandey, J) Sudhanshu/- U T