Gaurav Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34913 of 2026 Arising Out of PS. Case No.-27 Year-2026 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Gaurav Kumar Sah, S/O Late Shyam Prasad Sah @ Shyamlal Sah, R/O Mohalla- Mohaddinagar, P.S.- Babarganj, Distt.- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 20-05-2026 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 21(b), 22 of the NDPS Act.

3. The case of the prosecution, in brief, is that the informant has informed the police that a green bag was lying unclaimed. On this information, the bag was searched and from there altogether 102.80 gram of Brown Sugar and a mobile phone was 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, nothing has been

Patna High Court CR. MISC. No.34913 of 2026(2) dt.20-05-2026 2/2 recovered from possession of the petitioner. The bag from which the recovery has been made does not belong to the petitioner. It is also submitted that all the witnesses to the seizure list are police personnel, and the police have not complied the mandatory provisions of Section 105 of the B.N.S.S. It is further argued that the alleged recovered quantity is more than small quantity but significantly less than commercial quantity. The petitioner is in custody since 03.03.2026 and has no criminal antecedent.

6. Learned APP appearing for the State has vehemently opposed the prayer of regular bail.

7. Considering the aforesaid 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 Kotwali (Bhagalpur) P.S. Case No. 27 of 2026 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur/concerned Court.

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