Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28415 of 2026 Arising Out of PS. Case No.-251 Year-2026 Thana- RAMKRISHNANAGAR District- Patna ====================================================== Rahul Kumar Son of Manoj Mistri Resident of village - Gonwa, P.S.- Naubatpur, District - Patna, Presently Resident of village - Pipra, P.S.- Ramkrishna Nagar, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Khushi Awadh, Advocate For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-05-2026 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 is that 14 grams of brown sugar was recovered from the possession of this 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 this petitioner. It is further submitted that all the witnesses to the

Patna High Court CR. MISC. No.28415 of 2026(2) dt.05-05-2026 2/2 seizure list are police personnel and police had not complied the mandatory provision of Section 105 of the BNSS during the time of seizure. It is further submitted 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 14.03.2026.

5. Learned APP appearing for the state has 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 Ramkrishna Nagar P.S. Case No. 251 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. (Ashok Kumar Pandey, J) Jagdish/- U T