Amarnath Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37856 of 2026 Arising Out of PS. Case No.-186 Year-2026 Thana- GOPALPUR District- Patna ====================================================== Amarnath Kumar Son of Bijendra Ray Resident of Village - Sirpathpur, P.S.- Gopalpur, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad, Advocate For the Opposite Party/s :

Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 17-06-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Gopalpur P.S. Case No.186 of 2026 registered for the offence punishable under Sections 8(c) and 21(b) of the NDPS Act.

3. The case of the prosecution, in short, is that from possession of this petitioner altogether 9.580 gm of brown sugar/smack was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that nothing has been recovered from the possession of this petitioner. It has further been submitted that the witnesses of the seizure list are police personnel and police have not complied Section 105 of the BNSS while

Patna High Court CR. MISC. No.37856 of 2026(2) dt.17-06-2026 2/2 making seizure. It has further been submitted that the alleged recovery of contraband is though more than small quantity but is much less than commercial quantity. It has further been submitted that the petitioner is having no criminal antecedent and he is in judicial custody since 12.04.2026.

5. The application for bail is opposed by learned APP for the State.

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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the court of learned Sessions Judge/Special Judge (NDPS), Patna in connection with Gopalpur P.S. Case No.186 of 2026.

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