Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45536 of 2026 Arising Out of PS. Case No.-91 Year-2026 Thana- Madhusudanpur District- Bhagalpur ====================================================== Rajesh Kumar S/O Gholti Yadav R/O Village- Naya Tola Mirzapur, P.S.- Madhusudanpur, Distt.- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANSUL ORAL ORDER 08-07-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Madhusudanpur P.S. Case No. 91 of 2026 instituted for the offences under Sections 8(c) and 21(b) of the NDPS Act.

3. The allegation is that 6.27 grams of brown sugar in 28 packets were recovered. It was informed that the sale and purchase of the contraband was going on in the house of the petitioner (Rajesh Kumar). On personal search of the petitioner, 1.88 grams of brown sugar in six packets were recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is in custody since 22.04.2026 and has one criminal antecedent.

Patna High Court CR. MISC. No.45536 of 2026(2) dt.08-07-2026 2/2

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

6. Considering that the quantity recovered is close to the small quantity threshold, that the petitioner has a criminal antecedent under Section 138 of the Negotiable Instruments Act and not a similar offence, and that he has been in custody since 22.04.2026, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner 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 the learned Principal District and Sessions Judge, Bhagalpur/concerned Court in connection with Madhusudanpur P.S. Case No. 91 of 2026.

8. It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail application. Such observations shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings in any manner.

(Ansul, J) abhishekkr/- U T