Kanchan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28978 of 2026 Arising Out of PS. Case No.-82 Year-2026 Thana- NADI P.S. District- Patna ====================================================== Kanchan Kumar S/O Sanjay Ray Resident of Vill.- Kachchi Dargah P.S.- Nadi, Dist.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yatindra Narayan, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 06-05-2026 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 3/20(b)(ii) (B) of NDPS Act and Section 30(a) of Bihar Prohibition and Excise Act.

3. The case of the prosecution is that from two places, altogether 750 ml illicit foreign liquor and 2.193 kg of ganja like contraband were recovered.

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. Learned counsel for the petitioner has submitted that from perusal of the seizure list it transpires that altogether seven accused persons are named in the FIR but it is not specified as to what amount of contraband

Patna High Court CR. MISC. No.28978 of 2026(2) dt.06-05-2026 2/2 and illicit liquor was recovered from the possession of this petitioner. Learned counsel has further submitted that while making seizure, Section 105 of 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 is more than small quantity but is much less than commercial quantity. Petitioner is having no criminal antecedent. Moreover, he is languishing in judicial custody since 03.03.2026.

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 Nadi P.S. Case No. 82 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) Shubham/- U T