Rameshwar sah @ rameshwar shahversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32051 of 2026
                   Arising Out of PS. Case No.-69 Year-2026 Thana- KUNDWACHAINPUR District- East
                                                        Champaran
                 ======================================================
                 Rameshwar Sah @ Rameshwar Shah, Son of Late Panchan Sah, Resident of
                 Village- Kharua, P.S.- Kundwa Chainpur, District- East Champaran.
                                                                             ... ... Petitioner/s
                                                  Versus
                 The State of Bihar                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Abhishek Kumar, Adv.
                 For the Opposite Party/s :      Mr. Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   12-05-2026                       Heard the parties.

                                2. Petitioner seeks regular bail in connection with

                   Kundwa Chainpur P.S. Case No. 69 of 2026 registered for the

                   offences punishable under sections 8 & 20(b)(ii)(A) of the NDPS

                   Act and sections 30(a) & 41(1) of the Bihar Prohibition and

                   Excise Act.

                                3. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case merely on suspicion and nothing incriminating has

                   been recovered from his conscious possession and the alleged

                   recovery was made from a shop accessible to the public at large.

                   It is further submitted that the alleged quantity of recovered

                   ganja is small quantity and the petitioner has no concern with the

                   same and the recovered cash belongs to the petitioner and was

                   kept for construction of his house. It is further submitted that

                   there has been non-compliance of the mandatory provisions of
           Patna High Court CR. MISC. No.32051 of 2026(2) dt.12-05-2026
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                     Section 42(1) and 42(2) of the NDPS Act inasmuch as the secret

                     information was neither reduced into writing nor communicated

                     to superior officers and the mandatory provisions relating to

                     sampling and seizure under Sections 51 to 57 of the NDPS Act

                     were also not complied with. It is lastly submitted that the

                     petitioner has been languishing in jail since 19.02.2026 and

                     except one antecedent of the year 2008, in which he is already on

                     bail, he has no criminal antecedent.

                                  4. Learned APP for the State has opposed the prayer of

                     the petitioner.

                                  5. In the facts and circumstances of this case and

                     considering the statements made in the petition as well as above

                     submissions, coupled with the quantity of the alleged contraband

                     which is relevant to the alleged offences of the NDPS Act and

                     Excise Act, under which the FIR has been registered, this Court

                     is inclined to release him on bail. Accordingly, let the petitioner

                     named-above be released on bail on furnishing bail bond of Rs.

                     20,000/- (Rupees Twenty Thousand) with two sureties of the like

                     amount each to the satisfaction of the court concerned in

                     connection with Kundwa Chainpur P.S. Case No. 69 of 2026.



                                               (Shailendra Singh, J)
annu/-
U      T