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IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6463 of 2026

Arising Out of PS. Case No.-1253 Year-2025 Thana- ALAMGANJ District- Patna

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Naveen Kumar S/O Dilip Rai R/o- Tayakpur Bilat Chowk, P.S.-Deshri, Dist-

Vaishali

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s : Mr.Ghanshyam Tiwary, Adv.

For the Opposite Party/s : Mr.Anil Prasad Singh, APP

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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA

ORAL ORDER

2 04-02-2026 Heard learned counsel for the petitioner and learned

APP for the State.

2. In the present case, the petitioner seeks bail in

connection with Alamganj P.S. Case No. 1253 of 2025,

registered for the offences under Sections 8, 20(b)(ii)(B) of the

NDPS Act.

3. As per the prosecution case, police received

information about a person selling Ganja from the house of one

Shambhu Kumar. A raid was conducted and a person tried to

escape but he was apprehended and he is the present petitioner.

From search of the place from where the petitioner was

apprehended, recovery of 4.730 kg Ganja was made. Further

recovery of mobile phone and cash was made from this

petitioner.

Patna High Court CR. MISC. No.6463 of 2026(2) dt.04-02-2026

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4. Learned counsel appearing on behalf of the

petitioner submits that the petitioner has been falsely implicated

in this case and he is innocent. There is non-compliance of

Section 42 of the NDPS Act and no videography was conducted

for the search and seizure in violation of Section 105 of the

BNSS. In fact nothing incriminating has been recovered from

person or possession of the petitioner and his signature was

obtained by the police in a plain paper. The alleged recovery of

Ganja is within the intermediate quantity as it is more than

small quantity but less than commercial quantity. The petitioner

is in custody since 03.12.2025 and he is having clean

antecedent. Charge sheet has been submitted.

5. Learned APP appearing for the State opposes the

submission made on behalf of the petitioner.

6. Having regard to the fact and circumstances and

submission made on behalf of the parties and considering the

quantity of contraband recovered, submission of charge sheet

and period of custody of the petitioner, the petitioner is directed

to be released on bail, on furnishing bail bonds of Rs.10,000/-

(Rupees Ten Thousand Only) each with two sureties of the like

amount each to the satisfaction of learned District and Sessions

Judge, Spl. Judge (NDPS), Patna/concerned court, in connection

Patna High Court CR. MISC. No.6463 of 2026(2) dt.04-02-2026

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with Alamganj P.S. Case No. 1253 of 2025, subject to the

condition laid down under Section 480(3) of the BNSS and

other 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, if so required by the learned trial

court.

(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)

Anuradha/-

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