Dinesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33026 of 2026 Arising Out of PS. Case No.-36 Year-2026 Thana- NADI P.S. District- Patna ====================================================== Dinesh Kumar S/O Lal Ray @ Lala Ray R/O Village- Jamalpur Naya Tola, Mohanpur, P.S- Raghopur, Distt.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar, Advocate For the Opposite Party/s :

Mr. Surendra Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 14-05-2026 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 8/20(b)(ii) (c) of the NDPS Act.

3. The case of the prosecution is that three persons who were sitting on tempo and from tempo, altogether 13.60 kg of ganja was recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that the petitioner is neither the driver nor the owner of the said tempo rather he is passenger in that tempos. Nothing has been recovered from the possession of the petitioner. He has no concern with the alleged

Patna High Court CR. MISC. No.33026 of 2026(2) dt.14-05-2026 2/2 contraband. It has further been submitted that the witnesses of the seizure list are police personnel and police have not complied section 105 of B.N.S.S. Though the alleged contraband which has been recovered is more than small quantity but is much less than commercial quantity and he has no criminal antecedent. Moreover, the petitioner is languishing in judicial custody since 28.01.2026.

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. 36 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/- Sneha/- U T