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Patna High CourtCR. MISC./47946/2026allowed

Raushan Kumar v. The State Of Bihar

2026-07-21Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47946 of 2026 Arising Out of PS. Case No.-475 Year-2025 Thana- Arwal District- Arwal ====================================================== Raushan Kumar S/o Raj Kumar Chaudhary R/o Village- Arwal Sipah, Ward No. 07, P.S- Arwal, Dist- Arwal.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjay Kumar Singh For the Opposite Party/s :

Mr. Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 21-07-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail registered for the offence punishable under Sections 8(c) and 21(b) of the NDPS Act.

3. The case of the prosecution, in short, is that from the possession of one Rohit Kumar, 7.42 grams of smack like contraband was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He also submits that on being asked, co-accused Rohit Kumar has disclosed the name of this petitioner. He further submits that nothing has been recovered from the possession of

Patna High Court CR. MISC. No.47946 of 2026(2) dt.21-07-2026 2/2 the petitioner. The witnesses of the seizure list are police personnel and the police have not complied with Section 105 of the BNSS while making the seizure. Petitioner is languishing in judicial custody since 19.05.2026.

5. The application for bail is opposed by learned APP for the State and submits that the petitioner has got criminal antecedent of four cases out of which, one is of similar nature.

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 with the conditions that the petitioner shall cooperate in trial, shall remain physically present on each and every date fixed by the learned court below and one of the bailors shall be his near relative. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Jehanabad in connection with Arwal P.S. Case No. 475 of 2025.

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