Patna High CourtCR. MISC./90718/2025bail granted

Pawan Mishra @ Pawan Kumar Mishra v. The State Of Bihar

2026-01-13Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90718 of 2025 Arising Out of PS. Case No.-434 Year-2025 Thana- BABUBARHI District- Madhubani ====================================================== Pawan Mishra @ Pawan Kumar Mishra son of Late Yog Narayan Mishra R/o - Rahikpur, P.S - Babubarhi, District - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Yogendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Babubarhi P.S. Case No. 434 of 2025, instituted for the offences under Sections 8, 20(B),(ii)B, 22 of the N.D.P.S. Act.

3. Prosecution case, in short, is that 01 Kg. 100 gram of Ganja has been recovered in this case.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Petitioner is in custody since 26.09.2025 and has no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. No incriminating material has been recovered from the conscious possession of the petitioner. Petitioner has no

Patna High Court CR. MISC. No.90718 of 2025(2) dt.13-01-2026 2/2 concern with the alleged recovery. The recovered contraband is below commercial quantity, and hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. 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, recovered contraband being less than the commercial quantity as also 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 Babubarhi P.S. Case No. 434 of 2025.

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