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Patna High CourtCR. MISC./41219/2026allowed

Shubham Kumar v. The State Of Bihar

2026-06-23Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41219 of 2026 Arising Out of PS. Case No.-975 Year-2025 Thana- MANER District- Patna ====================================================== Shubham Kumar S/o Ramesh Prasad R/o -Rusulpur Mohalla, P.O.- Maner, P.S.- Maner, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mohit Raj, Advocate For the Opposite Party/s :

Mr. Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 23-06-2026 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 offences punishable under sections 111(2) (a) of Bhartiya Nayan Sahita (BNS) 2023, 8 (c), 18(b), 21(c), 22(b), 22(c), 30, & 31 of N.D.P.S. Act, 1985, 25 (1-B) (a), 26, 35 of Arms Act, 1959 and 30 (a) of Bihar Prohibition & Excise Act.

3. The case of the prosecution is that from the possession of this petitioner, altogether 6.36 grams smack like contraband was recovered.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Nothing has been recovered from the possession of the petitioner. Learned counsel for the petitioner has submitted that while making seizure, Section 105 of

Patna High Court CR. MISC. No.41219 of 2026(2) dt.23-06-2026 2/2 B.N.S.S. has not been complied and the seizure list witnesses are police personnel. It has also been submitted that though the quantum of the contraband which has been recovered from the possession of this petitioner is more than small quantity but is much less than commercial quantity. Petitioner is having three criminal antecedents. Moreover, he is languishing in judicial custody since 28.12.2025.

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 Maner P.S. Case No. 975 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Court of Sessions Judge/Special Judge (NDPS), Patna.

Sneha/- Dolly/- (Ashok Kumar Pandey, J) U T