TarikversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17532 of 2026
                      Arising Out of PS. Case No.-138 Year-2025 Thana- ABADPUR District- Katihar
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                 Tarik Son of Majibur Rahman R/o Village - Balukhora, P.S. - Aabadpur, Dist.
                 - Katihar.

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Bhola Prasad, Advocate
                 For the Opposite Party/s :       Mr. Akshay Lal Pandit, APP
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                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   01-05-2026                     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.

                                3. The case of the prosecution is that from the

                   possession of one co-accused Ravi Kumar, altogether 11.01 gram

                   of smack was recovered.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that nothing has been

                   recovered from the possession of this petitioner rather the recovery

                   has been made from the possession of co-accused Ravi Kumar.

                   The name of this petitioner has transpired on the disclosure of
            Patna High Court CR. MISC. No.17532 of 2026(3) dt.01-05-2026
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                      Ravi Kumar who stated that this petitioner also shares the

                      proceeds of the sell. The witnesses of the seizure list are police

                      personnel and police has not followed Section 105 of BNSS while

                      preparing seizure list. A statement has been made in para-3 of this

                      petition that the petitioner has got no criminal antecedent.

                      Moreover, he is languishing in judicial custody since 18.01.2026.

                      It has further been submitted that Ravi Kumar has already been

                      granted bail by this Court vide Cr. Misc. No. 20615 of 2026. The

                      case of this petitioner stands on better footing.

                                   5. Learned APP appearing for the State has vehemently

                      opposed the prayer of regular bail.

                                   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 released on bail in connection with

                      Abadpur P.S. Case No. 138 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 Principal District and

                      Sessions Judge, Katihar.



                                            (Ashok Kumar Pandey, J)
shubham/-

U     T