Rishikesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43537 of 2026 Arising Out of PS. Case No.-250 Year-2026 Thana- RAJAPAKAR District- Vaishali ====================================================== 1.

Rishikesh Kumar Son of Rajesh Kumar @ Rajesh Kumar Singh Resident of Village -ward no. 7, Jafarpatti, P.S. -Rajapakar, District -Vaishali 2.

Ritesh Kumar son of Ashok Sah Resident of Village -ward no. 6, Jafarpatti, P.S. -Rajapakar, District -Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vasant Vikas, Advocate For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 07-07-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 8(c) and 21(b) of NDPS Act.

3. The case of the prosecution is that from the possession of petitioner no. 1, altogether 3.39 grams of brown sugar and from the possession of petitioner no. 2, altogether 3.65 grams of brown sugar were recovered.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case. Nothing has been

Patna High Court CR. MISC. No.43537 of 2026(2) dt.07-07-2026 2/2 recovered from the possession of the petitioners. Learned counsel has submitted that while making seizure, Section 105 of B.N.S.S. and Section 50 of the NDPS have not been complied and the seizure list witnesses are police personnel. It has also been submitted that the alleged recovery of contraband is less than small quantity as per NDPS Act. Petitioners are having no criminal antecedent. Moreover, they are languishing in judicial custody since 17.05.2026.

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 petitioners on bail. The above named petitioners are directed to be released on bail in connection with Rajapakar P.S. Case No. 250 of 2026 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Principal District and Sessions Judge,Vaishali at Hajipur.

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