Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29893 of 2026 Arising Out of PS. Case No.-98 Year-2026 Thana- GOPALPUR District- Patna ====================================================== Suraj Kumar S/O Fakirchand Saw R/O Vill.- Shahpur, P.S- Gopalpur, Dist.- Patna, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ujjwal Raj, Advocate Mr. Jyoti Prakash, Advocate For the Opposite Party/s :

Mr. Bishweshwar Ram, 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(B), 20(B) (ii)(B) of the N.D.P.S. Act, Section 30(a) of the Bihar Prohibition and Excise Act and Sections 25(1-b) (I), 26 and 35 of the Arms Act.

3. The case of the prosecution is that from the possession of this petitioner, altogether 3.5 kg of ganja, 56.375 liters of illicit liquor, one country made pistol along with two magazines 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 while making seizure, Section 105 of

Patna High Court CR. MISC. No.29893 of 2026(2) dt.07-05-2026 2/2 B.N.SS. has not been complied and the seizure list witnesses are police personnel. Nothing has been recovered from the possession of this petitioner. 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. Petitioner is having no criminal antecedent. Moreover, he is languishing in judicial custody since 20.02.2026.

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 Gopalpur (Patna) P.S. Case No. 98 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-cumSpecial Judge (NDPS), Patna. (Ashok Kumar Pandey, J) Shubham/- U T