Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35185 of 2026 Arising Out of PS. Case No.-51 Year-2026 Thana- BALRAMPUR District- Katihar ====================================================== Prince Kumar S/o Arun Jaiswal, R/o Harnaut Chowk, P.S.- Gopalpur, Distt.- Bhagalpur ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANSUL ORAL ORDER 21-05-2026 The matter was heard via video conferencing mode.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner seeks bail in connection with Balrampur P.S. Case No. 51 of 2026, registered for the offences punishable under Sections 8(c) and 21(c) of the N.D.P.S. Act.

4. As per prosecution case, during the course of vehicle checking, a car was signaled to stop and from the search of the said car, recovery of 285 grams of smack like substance was made.

5. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. Nothing incriminating has been recovered from the conscious possession of the petitioner. During search and seizure the Police did not comply with the provision of Section 50 of the

Patna High Court CR. MISC. No.35185 of 2026(2) dt.21-05-2026 2/2 N.D.P.S. Act. Learned counsel lastly submits that petitioner has clean antecedent and he is in custody since 27.03.2026.

6. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and submits that 285 grams of smack was recovered from the car in question which is more than the commercial quantity.

7. Considering the aforesaid facts and circumstances of the case, the direct involvement of the petitioner in the alleged occurrence, the fact that he was arrested from the spot, the quantity of recovered contraband and further considering the fact that use of mobile phone for drug dealing indicates organized activity, this Court is not inclined to grant bail to the petitioner.

8. Accordingly, the prayer for bail of the petitioner stands rejected.

9. It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail application. Such observation shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings in any manner.

(Ansul, J) Shahnawaz/- U T