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Patna High CourtCR. MISC./30275/2026allowed

Md Sarfool @ Md Saiful v. The State Of Bihar

2026-05-06Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30275 of 2026 Arising Out of PS. Case No.-66 Year-2026 Thana- KASBA District- Purnia ====================================================== Md Sarfool @ Md Saiful S/O Mohammad Hanif @ Md. Hanif @ Md Hashim R/O Village- Dhankhaniya, Ward No.-14, Gurhi Kasba, P.S.- Kasba, Distt.- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr, Adv, Mr. Kumar Rajdeep, Adv.

For the Opposite Party/s :

Mr. Narsingh Tanti, 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 bail in connection with N.D.P.S. Case arising out of Kasba P.S. Case No. 66 of 2026 registered for the offence punishable under Sections 8(c) and 21(b) of the N.D.P.S. Act.

3. The case of the prosecution, in short, is that altogether 99.41 grams of brown sugar was recovered from the house of the petitioner.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He also submits that nothing has been recovered from the

Patna High Court CR. MISC. No.30275 of 2026(2) dt.06-05-2026 2/2 possession of the petitioner. The witnesses of the seizure list are police personnel and the police has not complied with Section 105 of the BNSS while making the seizure. He further submits that the alleged recovery of contraband is though more than small quantity but is much less than commercial 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 18.02.2026.

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 Special Judge, NDPS Act, Araria in connection with Baisi P.S. Case No. 66 of 2026.

(Ashok Kumar Pandey, J) Sudhanshu/- U T