Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32049 of 2026 Arising Out of PS. Case No.-22 Year-2026 Thana- Bathnaha District- Araria ====================================================== Prince Kumar, S/o Sambhu Yadav, Resident of - Tikrampur, P.S - Muffasil, District - Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Mr. Kumar Rajdeep, Advocate For the Opposite Party/s :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 12-05-2026 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.

3. The case of the prosecution, in short, is that the petitioner was travelling in a bus and beneath his seat, from the bags, altogether 16 Kg. of ganja like contraband was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Learned counsel for the petitioner has submitted that nothing has been recovered from the possession of this

Patna High Court CR. MISC. No.32049 of 2026(2) dt.12-05-2026 2/2 petitioner. Police has not complied Section 105 of the B.N.S.S. while making the seizure. It has furather been submitted that the bags from which the recovery was made do not belong to the petitioner. He is a bonafide passenger of the said bus. It has further been submitted that the alleged recovery of contraband is though more than small quantity but is much less than commercial quantity. Petitioner is languishing in judicial custody since 10.02.2026.

5. Learned APP appearing for the State has vehemently opposed the application for bail and has submitted that petitioner is having criminal antecedent of one case.

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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Araria in connection with Bathnaha P.S. Case No.22 of 2026.

(Ashok Kumar Pandey, J) lata/- U T