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2026 Supreme(Online)(Pat) 4593

PATNA HIGH COURT
RAJESH KUMAR VERMA, J
Vikash Kumar Sharma – Appellant
Versus
The State of Bihar – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Umesh Kumar Singh
For the Respondents: Mr. Amitesh Kumar

For the Petitioner/s : Mr. Umesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

3 22-01-2026 Heard Mr. Umesh Kumar Singh, learned counsel for the petitioner and Mr. Amitesh Kumar, learned APP for the State.

2. Petitioner seeks bail, who is in custody since

13.10.2025, in connection with Gopalganj Town P.S. Case No. 766 of 2025, T.R. No. 48 of 2025 F.I.R. dated 12.10.2025 registered for the offences punishable under Sections 8 / 21(b) of the N.D.P.S.

Act.

3. The case relates to recovery of 16.98 grams of Smack. 4. Learned counsel for the petitioner submits that although the recovery has been made from the possession of the petitioner but there is non-compliance of mandatory provision of N.D.P.S. Act and it appears from the F.I.R. as well as seizure list that altogether 16.98 grams of Smack like substance was recovered from the possession of the petitioner and the recovery is less than the commercial quantity and hence there is no embargo under Section 37 of the N.D.P.S. Act to enlarge the petitioner on bail. He further submits that the police afte

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