Amit Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52301 of 2026 Arising Out of PS. Case No.-179 Year-2026 Thana- GUTHANI District- Siwan ====================================================== Amit Kumar Singh S/o Late Sambhu Sharan Singh, Resident of VillageRaksha, P.S.- Lar, District- Deoria, Uttar Pradesh. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 29-07-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Guthani P.S. Case No. 179 of 2026 dated 31.05.2025, registered for the offences punishable under Sections 8(c) and 21(b) of the NDPS Act.

3. As per the prosecution case, police received secret information about co-accused Naushad Alam selling smack. A raid was conducted and the co-accused was found selling smack to three persons. All the four persons including this petitioner were apprehended and from possession of this petitioner, recovery of 3.310 grams of smack was made. The total recovery of smack from all the co-accused persons was found to be 56.130 grams.

Patna High Court CR. MISC. No.52301 of 2026(2) dt.29-07-2026 2/3

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. The recovery from the petitioner is 3.310 grams of smack which is below the small quantity. There is no other allegation against the petitioner except that he purchased smack from the co-accused, however for recovery from other persons, the petitioner could not be made liable. Learned counsel next submits that petitioner is having clean antecedent. Learned counsel lastly submits that petitioner is in custody since 01.06.2026.

5. Learned A.P.P. appearing on behalf of the State opposes the submissions made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the quantity of contraband recovered from the petitioner and further considering his clean antecedent and his period of custody, the petitioner, above-named, is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan / concerned Court, in connection with Guthani P.S. Case No. 179 of 2026, subject to the condition laid down under Section

Patna High Court CR. MISC. No.52301 of 2026(2) dt.29-07-2026 3/3 480(3) of the B.N.S.S. and other 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, if so required by the learned trial Court.

(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) Shahnawaz/- U T