Nagina Das @ Nagina Daas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32531 of 2026 Arising Out of PS. Case No.-1 Year-2026 Thana- GAUNAHA District- West Champaran ====================================================== Nagina Das @ Nagina Daas S/o- Bhikhi Das Village- Jigana PS- Manpur Distt- West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Union of India thorugh NCB, Patna, Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Khushi Awadh, Advocate.

For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 18-05-2026 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

2. The petitioner has prayed for bail registered for the offence punishable under Sections 8, 20(b)(ii)(B) of the NDPS Act.

3. The case of the prosecution, in short, is that from the bike of one Ramu Oraon, altogether 13.715 kg of Ganja like contraband was recovered.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has committed no offence and has been falsely implicated in the present case. It is further submitted that the allegation against

Patna High Court CR. MISC. No.32531 of 2026(2) dt.18-05-2026 2/3 the petitioner is that he was riding on another bike and while being chased, he fell down from the bike. Learned counsel further submits that nothing has been recovered from the possession of the petitioner; rather, the alleged recovery, if any, was made from the possession of co-accused Ramu Oraon. It is also submitted that the witnesses of the seizure list are police personnel, and the police have not complied with Section 105 of the BNSS while effecting the seizure. It is further submitted that the alleged recovery of contraband is though more than small quantity but is much less than commercial quantity and falls within the category of intermediate quantity. Moreover, a statement has been made in para 3 of the petition that petitioner has no criminal antecedent and he is languishing in judicial custody since 09.01.2026.

5. The application for bail is opposed by learned APP for the State.

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 Court

Patna High Court CR. MISC. No.32531 of 2026(2) dt.18-05-2026 3/3 of Exclusive Special Judge, (N.D.P.S.), West Champaran, Bettiah in connection with Gaunaha P.S. Case No. 01 of 2026. (Ashok Kumar Pandey, J) Sudhanshu/- U T