Dharmendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30223 of 2026 Arising Out of PS. Case No.-79 Year-2026 Thana- SONBERSA District- Sitamarhi ====================================================== Dharmendra Paswan S/o- Gonaur Paswan R/v- Khaira Tola W.No-5, PsSonbarsa Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 15-07-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Sonbarsa P.S. case No. 79 of 2026 registered for the offences punishable under Sections 8, 20(b)(ii)(B) of the Narcotic Drug and Psychotropic Substance Act, 1985.

3. As per the prosecution case, total 10.460 kg ganja was recovered from the motorcycle which the petitioner was found driving.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in the present case. It has further been submitted that the alleged recovery is much less than the commercial quantity. It has also

Patna High Court CR. MISC. No.30223 of 2026(3) dt.15-07-2026 2/3 been submitted that the charge sheet has been filed and there is no allegation of tampering with the evidence against the petitioner. It has further been submitted that petitioner has got two criminal antecedents in which he is on bail. It has also been submitted that the procedure prescribed under Section 105 of the B.N.S.S. has not been followed. It has lastly been submitted that petitioner is in custody since 18.03.2026.

5. Learned APP for the State has vehemently opposed the prayer for bail of the petitioner.

6. Heard the parties and perused the record.

7. Considering the above facts and circumstances of the case, let the petitioner above-named, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Sitamarhi, in connection with Sonbarsa P.S. case No. 79 of 2026, with further condition/s:- (i) One of the bailors will be close relative of the petitioner.

(ii) the petitioner is directed to remain physically present before the trial court on each and every date, failure on two consecutive dates without reasonable cause, the bail bonds of the petitioner would be liable to be cancelled.

(iii) If the petitioner's involvement is

Patna High Court CR. MISC. No.30223 of 2026(3) dt.15-07-2026 3/3 found in similar nature of offence in the future, the prosecution will be at liberty to move for cancellation of his bail bonds.

8. The application stands allowed.

(Praveen Kumar, J) Jyoti/- U T