Pankaj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1127 of 2026 Arising Out of PS. Case No.-694 Year-2024 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== Pankaj Kumar, Son of Bablu Ram, Resident of Village- Awari, P.S.- Mohania, District- Kaimur (Bhabhua) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raghwendra Pratap Singh, Advocate For the Opposite Party/s :
Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 06-02-2026 This is the second attempt of the petitioner for grant of regular bail.
2. Heard learned counsel for the petitioner and learned A.P.P. for the State.
3. Petitioner, who is in custody, seeks bail in connection with Mohaniya P.S. Case No. 694 of 2024 registered for the offences punishable under Sections 8(c) and 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
4. As per the prosecution case, the informant, on the basis of secret information, apprehended two persons and on search, 30 ampules containing 2 ml each of Buprenorphine Injection Dolphine and 60 ampules containing 2 ml each of Pheniramine Maleate Injection were recovered from the possession of the petitioner. A certain other quantity has been
Patna High Court CR. MISC. No.1127 of 2026(2) dt.06-02-2026 2/3 recovered from the other co-accused, namely, Sandeep Kumar and also from the shop, namely, Narendra Medical Hall.
5. The learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It has further been submitted that there is no independent witness to the seizure and moreover, the two apprehended accused persons, namely, Sandeep Kumar and Narendra Kumar Singh, have been granted bail by the Co-ordinate Benches of this Court, the order of which has been brought on record by way of Annexure- P3. It has lastly been submitted that the petitioner is in custody since 21.10.2024.
6. The learned A.P.P. has vehemently opposed the prayer for bail.
7. Considering the aforesaid submissions made by the parties and taking account that charges have already been framed, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Mohaniya P.S. Case No. 694 of 2024, subject to the following conditions:- (i) One of the bailors of the petitioner shall be his close relative and the other shall be local
Patna High Court CR. MISC. No.1127 of 2026(2) dt.06-02-2026 3/3 resident.
(ii) The petitioner shall remain physically present in Court on each date of the trial.
(iii) In case of absence on two 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.
(iv) If the petitioner is found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of his bail bond. (v) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the abovementioned order shall not be delayed for purpose of or in the name of verification.
8. Accordingly, the prayer for bail is allowed.
9. It is made clear that the observation, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) manoj/- U T