Patna High CourtCR. MISC./32594/2026bail rejected

Raj Paswan @ Raj Kumar Paswan @ Razz Kumar Paswan v. The State Of Bihar

2026-07-23Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32594 of 2026 Arising Out of PS. Case No.-49 Year-2026 Thana- JOGBANI District- Araria ====================================================== Raj Paswan @ Raj Kumar Paswan @ Razz Kumar Paswan S/O Sunil Paswan R/O Village- Paswan Tola, Ward No. 16, Haripur, P.S.- Jogbani, Dist.- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 23-07-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Jogbani P.S. Case No. 49/2026, lodged on 02/03/2026 under Section 111 of the BNS and Sections 8(c), 21(b), 25 and 29 of the NDPS Act, 1985.

3. As per the prosecution case, recovery of 103.39 grams smack/brown sugar from the conscious possession of the petitioner is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.32594 of 2026(3) dt.23-07-2026 2/3 petitioner is innocent and has committed no offence. He further submits that the said quantity is neither small nor commercial as small quantity is 5 grams and commercial quantity is 250 grams. He further submits that petitioner is in custody since 02.03.2026 He also submits that charge-sheet has been filed. The antecedent of the petitioner is clean and the petitioner undertakes that in future he will not committ such mistake. However, the petitioner is willing to abide by any conditions that may be imposed by this Hon'ble Court in the event of his release on bail.

5. Learned counsel for the State vehemently opposes the prayer for bail and submits that 103.39 grams has been recovered from the conscious possession of the petitioner which is much more than a small quantity and he is in custody since 02.03.2026 only.

6. After hearing the parties and considering the fact that recovery of 103.39 grams smack has been made from the conscious possession of the petitioner which is higher than the small quantity, this Court is not inclined to grant regular bail to the petitioner, for the present.

7. Accordingly, the prayer for regular bail of the petitioner in connection with Jogbani P.S. Case No. 49/2026, pending before the learned Sessions Judge-cum-Special Judge

Patna High Court CR. MISC. No.32594 of 2026(3) dt.23-07-2026 3/3 NDPS, Araria, is hereby rejected.

(Dr. Anshuman, J) Manshi/Ashwini U T