Bhushan KumarversusThe State of Bihar

                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                          CRIMINAL MISCELLANEOUS No.30441 of 2026
                  Arising Out of PS. Case No.-117 Year-2026 Thana- PARBATTA District- Khagaria
             ======================================================
             Bhushan Kumar S/O Late Kantalal Mandal Resident of Village- Parbatta,
             ward No. 09, P.S- Parbatta, Distt.- Khagaria (Bihar).

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

                                                    ... ... Opposite Party/s
             ======================================================
             Appearance :
             For the Petitioner/s     :        Mr. Akash Anand, Advocate
             For the Opposite Party/s :        Mr. Mritunjay Kumar Nirala, APP
             ======================================================
             CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                   ORAL ORDER

3   01-07-2026                 1. Heard learned counsel for the parties.

                               2. The petitioner has preferred this application

                 for grant of regular bail in connection with Parbatta P.S.

                 Case no. 117 of 2026 registered under sections 111 of the

                 Bhartiya Nyay Sanhita, 2023 and section 21(b) of N.D.P.S.

                 Act.

                             3. As per the prosecution case, both the petitioner

                 and coaccused Rabin Kumar were taken into custody. On

                 search from the possession of coaccused Rabin Kumar

                 280 grams of heroin was recovered.

                             4. Learned counsel for the petitioner submits that

                 the petitioner has been falsely implicated in the case only

                 for the reason that he happens to be the cousin (chachera)
Patna High Court CR. MISC. No.30441 of 2026(3) dt.01-07-2026
                                            2/3




          brother of the said Rabin Kumar. From reading of the FIR

          itself it would transpire that the alleged recovery is from

          possession of the coaccused and not the petitioner. The

          petitioner is in custody since 16.3.2026 and has no criminal

          antecedent.         He      undertakes         to      cooperate   in   the

          investigation/trial.

                       5. Having heard learned counsel for the parties

          and taking into consideration the allegation against the

          petitioner in the FIR together with the petitioner being in

          custody since 16.3.2026 and specially his not having any

          criminal antecedent, the Court directs the petitioner to be

          enlarged on bail in connection with Parbatta P.S. Case no. 117

          of 2026 on furnishing bail bond of Rs.10,000/ (Rupees Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Special Judge (N.D.P.S. Act),

          Khagaria on the following conditions:

                       (i) If it subsequently transpires that the petitioner

          has an antecedent, the prosecution will be at liberty to

          move this Court for cancellation of bail granted to the

          petitioner.

                       (ii)    The      petitioner       shall     remain    properly
          Patna High Court CR. MISC. No.30441 of 2026(3) dt.01-07-2026
                                                      3/3




                    represented on each date of the trial in the learned trial

                    Court and shall cooperate in the trial.

                                 (iv) In case the learned trial Court is of the

                    opinion that the trial is being delayed due to non-

                    cooperation on part of the petitioner, the learned trial Court

                    may cancel the bail bond of the petitioner and take him into

                    custody till conclusion of the trial.



                                                                   (Partha Sarthy, J)
Bibhash/Amit

U     T