Ganesh Kumar MehtaversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17368 of 2026
                       Arising Out of PS. Case No.-159 Year-2025 Thana- FULKAHA District- Araria
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                 Ganesh Kumar Mehta Son of Laxman Mehta @ Lakhan Mehta Resident of
                 Dewanganj, P.S.- Dewanganj, Dist.- Sunsarai, Nepal

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr.Rahul Raj, Advocate
                 For the Opposite Party/s :       Mr.Choubey Jawahar, APP
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                 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 regular bail in a case

                   registered for the offence punishable under sections 8 (c), 21

                   (b) of the NDPS Act and Section 25 (1-b) A, 26 of the Arms Act.

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

                   the possession of this petitioner, one country made pistol and

                   13.55 grams of Brown Sugar was recovered.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in

                   connection with the present case. It is further submitted that

                   nothing has been recovered from the conscious possession of

                   this petitioner. It is also contended that all the witnesses to the

                   seizure list are police personnel and no independent witness has
            Patna High Court CR. MISC. No.17368 of 2026(2) dt.23-03-2026
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                      been associated with the alleged recover. Moreover, the

                      mandatory provision of Section 105 of the BNSS have not been

                      complied at the time of alleged seizure. It is further submitted

                      that the quantity of alleged contraband recovered is more than

                      small quantity but much less than the commercial quantity.

                      Moreover, the petitioner is languishing in judicial custody since

                      19.10.2025 having no criminal antecedent.

                                   5. Learned APP appearing for the state has opposed

                      the prayer of regular bail stating that the petitioner has three

                      criminal antecedents.

                                   6. Considering the aforesaid facts and circumstances

                      of the case, this court is inclined to enlarge the petitioner on

                      bail. The above named petitioner is directed to be released on

                      bail in connection with Fulkaha P.S. Case No. 159 of 2025 on

                      furnishing bail bond of Rs.10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      Sessions Judge cum the Special Judge, NDPS Araria.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T