Jay Kishor Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 32283 of 2026 Arising Out of PS. Case No.-286 Year-2025 Thana- BELA District- Sitamarhi ====================================================== Jay Kishor Sah S/o Badri Sah @ Badri Sah Haluwai R/o vill - Gaushala, P.S.- Gaushala, Distt.- Mahotari (Nepal) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 13-05-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in connection with a case registered for the offence punishable under Section 21(c) of the NDPS Act.

3. The case of the prosecution, in brief, is that from a hut-like shop of one Kedar Sah, 62 bottles of Expilon cough syrup, each containing 100 ml, along with certain tablets, were recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is further submitted that from perusal of the seizure list, it would transpire that the recovery was made from the hut-like shop of Kedar Sah and nothing has been recovered

Patna High Court CR. MISC. No. 32283 of 2026(2) dt.13-05-2026 2/2 from the conscious possession of the petitioner. The petitioner has been implicated merely on the allegation that he was standing there at the relevant time. It is further submitted that the petitioner has criminal antecedent of one case of similar nature. Moreover, the petitioner is languishing in judicial custody since 24.12.2025.

5. Learned APP appearing for the State has opposed the prayer for regular bail.

6. Considering the aforesaid facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. Accordingly, the above-named petitioner is directed to be released on bail in connection with Bela P.S. Case No. 286 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum-Special Judge (NDPS Act), Sitamarhi, subject to the condition that the petitioner shall not indulge in any offence of similar nature in future. (Ashok Kumar Pandey, J) Jagdish/- U T