Saurav Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29929 of 2026 Arising Out of PS. Case No.-258 Year-2025 Thana- PASRAHA District- Khagaria ====================================================== Saurav Kumar S/O Sashi Yadav R/O Shergadh, P.S- Gogri, Distt.- Khagaria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Siddhartha Prasad, Advocate Mr. Shantam Kriti, Advocate Mr. Rahul Kumar, Advocate Mr. Shashank Shekhar, Advocate For the Opposite Party/s :
Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 07-05-2026 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), 21(b), 29 and 35 of the N.D.P.S. Act.
3. The case of the prosecution is that 176 grams of smack like substance was recovered from the possession of this petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Nothing has been recovered from his possession. Learned counsel for the petitioner has further submitted that while making seizure, Section 105 of
Patna High Court CR. MISC. No.29929 of 2026(2) dt.07-05-2026 2/2 B.N.SS. has not been complied and the seizure list witnesses are police personnel. It has also been submitted that though the quantum of the contraband which has been recovered from the possession of this petitioner is more than small quantity but is much less than commercial quantity. Moreover, he is languishing in judicial custody since 31.12.2025.
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 petitioner on bail. The above named petitioner is directed to be released on bail in connection with Pasraha P.S. Case No. 258 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (NDPS Act), Khagaria.
(Ashok Kumar Pandey, J) shubham/- U T