Patna High CourtCR. MISC./50544/2026bail granted

Madho Kumar @ Madhav Kumar v. The State Of Bihar

2026-07-23Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50544 of 2026 Arising Out of PS. Case No.-85 Year-2026 Thana- SARSI District- Purnia ====================================================== Madho Kumar @ Madhav Kumar Son of Sri Shankar Singh Resident of Gamlatola/Gawala Tola, Ward No. 01, Balua Kachhari, P.S.- Sarsi, DistrictPurnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-07-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sarsi P.S. Case No. 85 of 2026, instituted for the offences punishable under Sections 8, 20(b)(ii)(B) of the NDPS Act.

3. Prosecution allegation, in short, is that there is recovery of 1.725 Kg of Ganja in this case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner next submits that the petitioner has got no concern with the alleged recovery of Ganja. It is further submitted that

Patna High Court CR. MISC. No.50544 of 2026(2) dt.23-07-2026 2/2 the alleged recovery has been made from joint family house. The recovered contraband is below the commercial quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. The petitioner is in custody since 05.05.2026 and has got no criminal antecedent. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act.

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

6. Considering the aforesaid facts and circumstances of the case, the recovered contraband being below the commercial quantity and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sarsi P.S. Case No. 85 of 2026.

(Rudra Prakash Mishra, J) Rajorshi/- U T