Monu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31870 of 2026 Arising Out of PS. Case No.-107 Year-2026 Thana- MALSALAMI District- Patna ====================================================== Monu Kumar, Son of Ranveer Kumar Saw @ Dharmvir Saw @ Ranveer Saw, Resident of village- Daduchak Nagla, Savarchak P.S.- Malsalami DistrictPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Pradhan, Advocate For the State :

Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 12-05-2026 Heard learned counsel for the parties.

2. Petitioner seeks regular bail in connection with Malsalami P.S. Case No. 107 of 2026 registered for the offences punishable under Sections 8(c) and 21(b) of the NDPS Act.

3. The main submissions advanced by the petitioner's counsel are that the petitioner is innocent and he has falsely been implicated in the present case and the alleged recovery from the conscious possession of the petitioner is only 5 gram of Smack like substance and the seized substance has merely been presumed to be Smack like substance and no F.S.L./chemical examination report has yet been brought on record to establish the nature of the alleged contraband. It is further submitted that there has been non-compliance of Sections 42 and 50 of the NDPS Act and further, no independent witness was associated

Patna High Court CR. MISC. No.31870 of 2026(2) dt.12-05-2026 2/2 during the alleged recovery rather both seizure witness belong to the police station itself. It is lastly submitted that petitioner has fair and clean antecedent and he has been languishing in jail since 23.02.2026.

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

5. In the facts and circumstances of this case, and considering the statements made in the petition as well as the above submissions, in my opinion, the petitioner deserves the relief of bail. Accordingly, let the petitioner named-above be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Malsalami P.S. Case No. 107 of 2026.

(Shailendra Singh, J) maynaz/krishna/- U T