Umakant GuptaversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17261 of 2026
                      Arising Out of PS. Case No.-128 Year-2025 Thana- Naya Bhojpur District- Buxar
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                 Umakant Gupta son of Aanant Gupta Resident Of Village- Simri Dudhi Patti,
                 Ps- Simri, District- Buxar                                ... ... Petitioner/s
                                                Versus
                 The State of Bihar                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Rajeev Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Shyam Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   23-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Naya Bhojpur P.S. Case No.128 of 2025 registered for

                   the offence punishable under Sections 8(C), 17(C), 18(C),

                   21(C), 25, 29 and 31 of the N.D.P.S. Act.

                                3. The case of the prosecution, in short, is that from

                   the house of this petitioner 158 gm of brown sugar was

                   recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that the name of this petitioner was

                   disclosed by one Prema Pandit and on his instance the

                   recovery was made. It has further been submitted that nothing

                   has been recovered from the possession of this petitioner.

                   Learned counsel for the petitioner has further submitted that
            Patna High Court CR. MISC. No.17261 of 2026(2) dt.23-03-2026
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                      the witnesses of the seizure list are police personnel and

                      police has not complied Section 105 of the BNSS while

                      making seizure. It has further been submitted that alleged

                      recovery of the contraband is though more than small quantity

                      but is less than commercial quantity. Learned counsel for the

                      petitioner has further submitted that the petitioner is having

                      no criminal antecedent and he is in judicial custody since

                      26.12.2025.

                                   5. The application for bail is opposed by learned

                      APP for the State.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this Court

                      is inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be enlarged on bail on furnishing bail

                      bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                      of the like amount each to the satisfaction of the court of

                      learned Special Judge, NDPS Act, Buxar in connection with

                      Naya Bhojpur P.S. Case No.128 of 2025.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T