Patna High CourtCR. MISC./30782/2026bail granted

Anil Kumar v. The State Of Bihar

2026-05-06Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30782 of 2026 Arising Out of PS. Case No.-56 Year-2026 Thana- MAJORGANJ District- Sitamarhi ====================================================== Anil Kumar S/o Rajnandan Ray R/o Village - Kararwana Koriyahi, PS - Sursand, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ritesh Kumar Narain Singh, Advocate For the State :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 06-05-2026 Heard Mr. Ritesh Kumar Narain Singh, learned counsel for the petitioner and Mr. Nagendra Prasad, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 11.02.2026, in connection with Majorganj P.S. Case No. 56 of 2026, F.I.R. dated 10.02.2026 registered for the offences punishable under Sections 8/20(b)(ii)(B) of N.D.P.S. Act.

3. The case relates to recovery of 04 Kgs. of Ganja.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that altogether 04 Kgs. Of Ganja like substance was recovered from the bag of the petitioner. He further submits that there is non compliance of mandatory provisions of N.D.P.S.

Patna High Court CR. MISC. No.30782 of 2026(2) dt.06-05-2026 2/3 Act and apart from the aforesaid the recovered contraband is less than the commercial quantity, so there is no embargo under Section 37 of the N.D.P.S. Act to enlarge the petitioner on bail. The petitioner is in custody since 11.02.2026.

5. Learned APP for the State, on the other hand, vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries one more case other than the present one but fairly submits on the basis of paragraph-3 of the bail petition that the petitioner is on bail in the pending matter.

6. Considering the facts and circumstances of the case and the fact that there is non compliance of mandatory provisions of N.D.P.S. Act and the recovered contraband is less than the commercial quantity, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum-Special Judge (NDPS Act), Sitamarhi in connection with Majorganj P.S. Case No. 56 of 2026, subject to the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.30782 of 2026(2) dt.06-05-2026 3/3

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T