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Patna High CourtCR. MISC./88715/2025allowed

Ajay Kumar Sah v. The State Of Bihar

2026-01-06Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88715 of 2025 Arising Out of PS. Case No.-349 Year-2025 Thana- RANIGANJ District- Araria ====================================================== Ajay Kumar Sah S/o Late Gyanchandra Sah Resident of Village - Champanagar Krityanandnagar, Ward no. 09, P.S - Champanagar Krityanandnagar, District - Purnia ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 06-01-2026 Heard Mr. Anish Kumar, learned counsel for the petitioner and Mr. Pawan Kumar Chaurasia, learned APP for the State.

2. The petitioner has prayed for bail in connection with Raniganj P.S. Case No. 349 of 2025 registered for the offence punishable under Sections 8(c), 21(b) and 21(c) of the NDPS Act.

3. The case of the prosecution in short is that from the possession of this petitioner, altogether 147 gram of smack like material 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

Patna High Court CR. MISC. No.88715 of 2025(2) dt.06-01-2026 2/2 case. Learned counsel for the petitioner submits that nothing has been recovered from the possession of this petitioner. The witnesses of the seizure list are police personnel. It is also submitted that the police have not complied with Section 105 of the BNSS while making the seizure. He further submits that the alleged recovery is though more than small quantity but is much less than commercial quantity. Moreover, the petitioner is languishing in judicial custody since 09.09.2025.

5. The application for bail is opposed by learned APP for the State.

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. 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-cum-Special Judge, NDPS Act, Araria in connection with Raniganj P.S. Case No. 349 of 2025. (Ashok Kumar Pandey, J) Sudhanshu/- U T