Md. Salam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39122 of 2026 Arising Out of PS. Case No.-236 Year-2026 Thana- BAHADURGANJ District- Kishanganj ====================================================== Md. Salam S/O Late Md. Latif Resident Of Fulbari, Ward No. 12, PsBahadurganj, Distt- Kishanganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mritunjay Kumar, Advocate For the Opposite Party/s :
Mr.Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 23-06-2026 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 20 and 21(b) of the N.D.P.S. Act.
3. The case of the prosecution, in short is that from the possession of the petitioner, altogether 19.16 grams of smack like contraband was recovered.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Learned counsel for 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. Police has
Patna High Court CR. MISC. No.39122 of 2026(2) dt.23-06-2026 2/2 not complied Section 105 of the B.N.S.S. while making the seizure. It has also been submitted that the alleged recovery of contraband is though more than small quantity but is much less than commercial quantity. Petitioner is having no criminal antecedent and he is languishing in judicial custody since 13.04.2026.
5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail.
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 released on bail in connection with Bahadurganj P.S. Case No. 236 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 Sessions Judge-cumSpecial Judge (NDPS Act), Kishanganj. (Ashok Kumar Pandey, J) lata/- U T