Ujjwal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36017 of 2026 Arising Out of PS. Case No.-31 Year-2026 Thana- GARDANIBAG District- Patna ====================================================== Ujjwal Kumar S/o Late Ram Pravesh Rai @ Ram Pravesh Yadav Resident of village- Yogiyatoli, Yarpur, P.S.- Gardanibagh, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Kumar Sinha, Advocate For the Opposite Party/s :
Mr.Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-06-2026 The Court proceeding is being conducted through virtual mode.
2. Heard learned Counsel for the petitioner and learned APP for the State.
3. The petitioner who apprehends arrest in connection with Gardanibagh P.S. Case No.- 31 of 2026 lodged on 09.01.2026, for the offences punishable under sections 21,22(b), 25,29 of the N.D.P.S. Act, 1985.
4. As per the prosecution case, it appears that two named persons, including the present petitioner, have been made as accused. The prosecution alleges that, on receiving information that smack/brown sugar was being sold from a cow shed (khatal) belonging to the accused persons, the informant along with the police party proceeded to the said place. Upon
Patna High Court CR. MISC. No.36017 of 2026(2) dt.01-06-2026 2/3 conducting a search, 90 sachets of smack/brown sugar weighing a total of 55 grams were allegedly recovered from the premises. However, on seeing the police party, both the accused persons, including the present petitioner, allegedly fled from the spot.
5. Learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence. It is contended that the present case has been lodged against the petitioner at the instance of one Sunil Kumar Gupta, with whom the petitioner has a long-standing dispute regarding a piece of land on which a cattle shed (khatal) is situated. Learned counsel submits that Annexure P/2 to the application is the order dated 08.12.2011 passed in CWJC No. 11428 of 2008, wherein the said Sunil Kumar Gupta was impleaded as respondent no. 10. It is further submitted that a land dispute between the parties is also pending before the DCLR, being Land Dispute Case No. 121 of 2022-23, which is evident from Annexure P/3 to the application.
Learned counsel argues that it is solely on account of the aforesaid land dispute that the petitioner's name has been implicated in the present case.
Patna High Court CR. MISC. No.36017 of 2026(2) dt.01-06-2026 3/3 the continuing dispute between the parties.
6. Learned APP for the State vehemently opposes the prayer for bail and submits that the petitioner is alleged to have been engaged in the sale of smack and that recovery has been effected from the cattle shed belonging to him. It is further submitted that a total of 55 grams of smack was recovered during the raid, which prima facie connects the petitioner with the alleged offence. Moreover, the petitioner is accused in eight more criminal case
7. In this background, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner in connection with Gardanibagh P.S. Case No.- 31 of 2026, pending before the learned Principal District and Sessions Judge, Patna (Special Judge,NDPS) is hereby rejected. (Dr. Anshuman, J) Ashwini/Manshi U T