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2026 Supreme(Online)(Pat) 3197

PATNA HIGH COURT
KHATIM REZA, J
Sudhir Kumar – Appellant
Versus
The State of Bihar – Respondent


Advocates:
For the Appellants/Petitioners: Mr.Sabal Kumar Jha
For the Respondents: Mr.Ram Sumiran Rai, APP

CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

4 21-01-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners seek regular bail in Beur P.S. Case No. 440 of 2025 dated 16-08-2025 registered under Sections 8 ( C), 21(B) and 22/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 .

3. The allegation is of recovery of 46 grams of smack-

Sudhir Kumar whereas, one mobile phone is alleged to have Karan Kumar @ Karn Kumar.

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in the present case. It is further submitted that no incriminating article has been recovered from the conscious possession of the petitioners. Referring to the seizure list, which forms part of the FIR (Annexure-1), it is submitted that the seized articles marked as P1 wherein, the signatures of the petitioners were not taken which is contrary to the provisions of the N.D.P.S. Act. It is further submitted that the seized smack like substance is more than the small quantity, but less than the commercial quantity under the N.D.P.S. Act. Lastly, it is submitted that petitioner No. 1 has no criminal

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