Patna High CourtCR. MISC./75783/2025bail granted

Rakesh Kumar v. The State Of Bihar

2026-01-21Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75783 of 2025 Arising Out of PS. Case No.-116 Year-2025 Thana- BALIA BELON District- Katihar ====================================================== Rakesh Kumar S/O Nand Lal Mandal R/o-Bhitta Tola, P.S.- Chausa, DistMadhepura, 853204, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vishal Vikram Rana, Advocate Mrs. Misha Bharti, Advocate For the Opposite Party/s :

Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 21-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Balia Belon P.S. Case No. 116 of 2025 registered for the alleged offences under Sections 8 & 20(b)(ii) (B)/25 of N.D.P.S. Act.

03. As per prosecution case, the petitioner and three other co-accused persons were apprehended travelling in a car from which recovery of 12.635 kg of Ganja was made.

04. Learned counsel for the petitioner submits that the petitioner has no concern with the seized contraband and he is innocent. There is no allegation against the petitioner. The

Patna High Court CR. MISC. No.75783 of 2025(3) dt.21-01-2026 2/3 vehicle in which recovery is said to be made does not belong to the petitioner. The petitioner is merely a co-passenger of the vehicle. The petitioner is having clean antecedent and he is in custody since 26.07.2025. The charge sheet has been submitted.

05. Learned APP opposes the submission made on behalf of the petitioner.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner, his clean antecedent and submission of charge sheet, the petitioner above named is directed to 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 learned Sessions Judge -cum- Special Judge, NDPS Act, Katihar/concerned Court in connection with Balia Belon P.S. Case No. 116 of 2025 having Special N.D.P.S. Case No. 109 of 2025, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the 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.

Patna High Court CR. MISC. No.75783 of 2025(3) dt.21-01-2026 3/3 (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) DKS/- U T