Gulshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45349 of 2026 Arising Out of PS. Case No.-6 Year-2024 Thana- NAUGACHIA District- Bhagalpur ====================================================== Gulshan Kumar Son of Sunil Singh Resident of Village - Telghi, P.S.- Kharik, District - Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 08-07-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Naugachhia P.S. Case No. 06 of 2024, dated 03.01.2024, registered for the offences punishable under Sections 21 (C), 22(C) and 25 of the N.D.P.S. Act.

3. As per the allegation, 42 bottles of 100ml each of WISCOF cough syrup was recovered from the motorcycle of the petitioner which was parked near the godown, while 285 bottles of 100ml each of codeine containing cough syrup was recovered form the godown.

4. Learned counsel for the petitioner has submitted that total of 1.635 grams of codeine was recovered in the present

Patna High Court CR. MISC. No.45349 of 2026(2) dt.08-07-2026 2/3 case. It has further been submitted that nothing has been recovered from the conscious possession of the petitioner. It has further been submitted that there is no compliance of Sections 42 and 50 of the N.D.P.S. Act. It has further been submitted that the co-accused, Vivek Kumar, has been granted the privilege of bail by a Co-ordinate Bench of this Court vide order dated 01.05.2024 passed in Cr. Misc. No. 18582 of 2024, while the co-accused, Raju Tekriwal @ Raj Kumar Tekriwal has been extended the privilege of anticipatory bail by a Co-ordinate Bench of this court by order dated 09.08.2024, passed in Cr. Misc. No. 54465 of 2024. It has further been submitted that the charge-sheet has been submitted in this case. It has lastly been submitted that petitioner has got no criminal antecedent and he is in custody since 11.04.2026.

5. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner.

6. Heard the parties and perused the records.

7. Considering the facts and circumstances of the case as well as the period of custody, the petitioner above-named is directed to be enlarged 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 learned Principal Sessions

Patna High Court CR. MISC. No.45349 of 2026(2) dt.08-07-2026 3/3 Judge, Bhagalpur, in connection with Naugachhia P.S. Case No. 06 of 2024.

8. The application stands allowed.

(Praveen Kumar, J) Shivam/- U T