Satish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44093 of 2026 Arising Out of PS. Case No.-169 Year-2026 Thana- JAYNAGAR District- Madhubani ====================================================== Satish Kumar S/O Late Baban Mahto Resident of Vill.-Betauna Ward N. 7, P.S.- Jaynagar, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Jha, Advocate Ms. Isha Anu, Advocate Mr. Abhijeet Kunal, Advocate For the Opposite Party/s :

Mr.Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 08-07-2026 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Jaynagar P.S. Case No. 169 of 2026 registered for the alleged offences under Sections 8(c), 21(c), 22(c) of N.D.P.S. Act.

03. As per prosecution case, the petitioner was apprehended carrying 14 gms of brown sugar.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the person or possession of the petitioner. There is non-compliance of

Patna High Court CR. MISC. No.44093 of 2026(2) dt.08-07-2026 2/3 mandatory provisions of search and seizure and the seizure list witnesses are police officials. Learned counsel further submits that the weight of contraband has been taken along with polythene in which the contraband was allegedly being carried. In any case, the weight of the brown sugar is 14 gms which is more than the small quantity of 5 gms and much less the commercial quantity of 50 gms. The petitioner is having clean antecedent and he is in custody since 15.04.2026.

05. Learned APP opposes the submission made on behalf of the petitioner. Learned APP submits that the petitioner was caught red handed while taking 14 gms of brown sugar.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the quantity of seized contraband which is much less the commercial quantity and further considering the period of custody of the petitioner and his clean antecedent, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Principal Sessions Judge, Madhubani/concerned Court in connection with

Patna High Court CR. MISC. No.44093 of 2026(2) dt.08-07-2026 3/3 Jaynagar P.S. Case No. 169 of 2026, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the following conditions :

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) DKS/- U T