Ajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35935 of 2026 Arising Out of PS. Case No.-362 Year-2025 Thana- BARACHATTI District- Gaya ====================================================== Ajit Kumar Son of Chhathu Yadav Resident of Village- Baijnathpur, P.S.- Sindhugarh, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 08-06-2026 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 8, 17(C) and 18(C) of the N.D.P.S. Act.

3. As per the prosecution case, there is a recovery of 4.260 kg Doda powder and 40 grams of opium from a room of Hindustan Dhaba, which was owned by the brother of the petitioner.

4. Learned counsel for the petitioner submits that it would be evident from the First Information Report that the recovery of the Doda powder and opium was made from room of Hindustan Dhaba which was owned by the brother of the petitioner. The petitioner was apprehended while he was standing near the said Dhaba and no recovery was made from his personal or conscious possession. It is further submitted

Patna High Court CR. MISC. No.35935 of 2026(2) dt.08-06-2026 2/2 that the recovery is of intermediate quantity and the petitioner is young boy, aged about 18 years, who is a student having no criminal antecedent. However, the petitioner is in custody since 15.10.2025 and charge-sheet has been submitted.

5. Learned APP for the State opposed the grant of bail on the basis of allegations made in the First Information Report.

6. Taking into consideration the facts and circumstances and considering the fact that recovery has not been made from his personal or conscious possession and he has remained in custody for about 8 months with no criminal antecedent, let the above named petitioner, who is a student, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cumSpecial Judge, N.D.P.S., Gaya Ji/concerned Court below in connection with Barachatty P.S. Case No. 362 of 2025 subject to condition that:- (i) One of the bailors shall be close family member or relative.

(Soni Shrivastava, J) Anand/Aryan/- U T