Nagina Das @ Nagina DaasversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32531 of 2026
                   Arising Out of PS. Case No.-1 Year-2026 Thana- GAUNAHA District- West Champaran
                 ======================================================
                 Nagina Das @ Nagina Daas S/o- Bhikhi Das Village- Jigana PS- Manpur
                 Distt- West Champaran


                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    The Union of India thorugh NCB, Patna, Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Khushi Awadh, Advocate.
                 For the Opposite Party/s :      Mr. Pramod Kumar Pandey, APP.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   18-05-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State through virtual mode.

                                2. The petitioner has prayed for bail registered for the

                   offence punishable under Sections 8, 20(b)(ii)(B) of the NDPS

                   Act.

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

                   the bike of one Ramu Oraon, altogether 13.715 kg of Ganja like

                   contraband was recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner submits that the petitioner is innocent and has

                   committed no offence and has been falsely implicated in the

                   present case. It is further submitted that the allegation against
Patna High Court CR. MISC. No.32531 of 2026(2) dt.18-05-2026
                                            2/3




          the petitioner is that he was riding on another bike and while

          being chased, he fell down from the bike. Learned counsel

          further submits that nothing has been recovered from the

          possession of the petitioner; rather, the alleged recovery, if any,

          was made from the possession of co-accused Ramu Oraon. It is

          also submitted that the witnesses of the seizure list are police

          personnel, and the police have not complied with Section 105 of

          the BNSS while effecting the seizure. It is further submitted that

          the alleged recovery of contraband is though more than small

          quantity but is much less than commercial quantity and falls

          within the category of intermediate quantity. Moreover, a

          statement has been made in para 3 of the petition that petitioner

          has no criminal antecedent and he is languishing in judicial

          custody since 09.01.2026.

                       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 learned Court
           Patna High Court CR. MISC. No.32531 of 2026(2) dt.18-05-2026
                                                       3/3




                     of Exclusive Special Judge, (N.D.P.S.), West Champaran,

                     Bettiah in connection with Gaunaha P.S. Case No. 01 of 2026.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T