Sanjay Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51668 of 2026 Arising Out of PS. Case No.-193 Year-2026 Thana- HARLAKHI District- Madhubani ====================================================== Sanjay Prasad S/o Raghunath Prasad R/o Village- Harlakhi, Ward No. 14, P.SHarlakhi, Dist- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar, Advocate Mr. Amit Prakash, Advocate For the Opposite Party/s :

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KUMAR MANISH ORAL ORDER 29-07-2026 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.

2. The present application has been filed on behalf of the petitioner for grant of regular bail in connection with G.R. No. 63/2026, arising out of Harlakhi P.S. Case No. 193 of 2026, for the offence punishable under Sections 21/22 of the NDPS Act.

3. As per the prosecution case, on secret information, petitioner was dealing illegal contraband inside his grocery shop. Upon search, a white sacks containing 24 tablets of Spasmo Proxyvon, 500 mls. of Onrex (Codeine Phosphate & Tripolidine Hydrochloride cough syrup), 3 litres of 1-Koff and 400 mls. of whisky was recovered inside the shop.

Patna High Court CR. MISC. No.51668 of 2026(2) dt.29-07-2026 2/3

4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in this case at the instance of his enemies and due to ill motive of informant. The allegation are false, fabricated and based upon conjuncture and surmises and just to malice the name of the petitioner who is a person of means.

5. It is submitted that no recovery has been made from the conscious possession and moreover there is gross violation of Sections 50 and 42 of the NDPS Act. The petitioner has clean antecedent and he is in custody since 21.05.2026.

6. Learned APP for the State has vehemently opposed the prayer for bail.

7. Considering the facts and circumstances of the case, I am inclined to enlarge the petitioner on bail. The petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Principal Sessions Judge, Madhubani/concerned court in connection with G. R. No. 63/2026, arising out of Harlakhi P.S. Case No. 193 of 2026, subject to following conditions:- (i) One of the bailors should be family member of the petitioner.

Patna High Court CR. MISC. No.51668 of 2026(2) dt.29-07-2026 3/3 (ii) Petitioner will co-operate in the trial and will remain present on all dates personally or should be duly represented through his counsel and whenever required to be physically present by the court, he should physically appear in the Court on that date.

(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Kumar Manish, J) Ranjeet/- U T