Prince Kumar Pandey @ Prince Pandey @ Baba v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30850 of 2026 Arising Out of PS. Case No.-561 Year-2025 Thana- MAHARAJGANJ District- Siwan ====================================================== Prince Kumar Pandey @ Prince Pandey @ Baba S/O Sawaliya Pandey R/O Vill.- Saray Parawali, P.S.- Bhagwanpur, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghav Prasad, Advocate For the Opposite Party/s :

Mr. Brajendra Nath Pandey, 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, 20(b)(II) (B) of the N.D.P.S. Act, Sections 310(4), 310(5) and 111 of BNS and Sections 25(1-B)a, 26 and 35 of the Arms Act.

3. The case of the prosecution is that from the possession of this petitioner one loaded country made pistol along with two live cartridges was recovered. It is further alleged that from that place, 1.5 kg of ganja was also 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. As per seizure list, the ganja was recovered from a bag. Learned counsel for the petitioner has submitted that while making seizure, Section 105 of B.N.S.S. has

Patna High Court CR. MISC. No.30850 of 2026(2) dt.07-05-2026 2/2 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 ganja was recovered from the possession of the petitioner then also, the quantum of the contraband which has been recovered from the possession of this petitioner is though more than small quantity but is much less than commercial quantity. Moreover, the petitioner is languishing in judicial custody since 20.11.2025.

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 Maharajganj P.S. Case No. 561 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-Icum-Special Judge, Siwan. (Ashok Kumar Pandey, J) Shubham/- U T