Roshan KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32817 of 2026
                         Arising Out of PS. Case No.-83 Year-2026 Thana- BIHAR District- Nalanda
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                 Roshan Kumar S/O Late Chote Lal Bihari R/O Village- Mahal Par ,P.S- Bihar,
                 District- Nalanda.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Vijay Shankar Shrivastava
                 For the Opposite Party/s :        Mr. Tarun Prasad Mandal
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   13-05-2026                        Heard Mr. Vijay Shankar Shrivastava, learned

                   counsel for the petitioner and Mr. Tarun Prasad Mandal, learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   17.02.2026 in connection with Biharsharif P.S. Case No. 83 of

                   2026 for the offences punishable under Sections 8(C), 21(b) of

                   NDPS Act.

                               3. The case of the prosecution, in brief, is that the

                   informant Sushil Kumar Paswan, P.S.I. posted at Bihar P.S. is

                   that on 16.02.2026 at about 15:05 hrs., informant along with

                   police party proceeded from police station to procure data. At

                   about 16:30 hrs., while they were going near Nai Sarai then saw

                   that one person is fleeing away toward a old building after

                   seeing the police party. Thereafter, police party encircled the the
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          said building and apprehended two persons. On query, they

          disclosed their names as Gop Kumar and Raushan Kumar. On

          search of Gop Kumar, total 15 sachets of wrapped through

          paper, folded in a black colour polythene was recovered. On

          opening the sachets, it were found to be Brown Sugar. On

          weighing along with paper, it was found total 10.2 gm and

          without the paper, it was found total 5.25 gm. On further query,

          the apprehended persons told that they sells Brown Sugar for

          one Uday Kumar.

                      4. Learned counsel for the petitioner submits that it

          appears from the FIR as well as seizure list that nothing has

          been recovered from the conscious possession of the petitioner

          rather the recovery has been made from the pocket of the co-

          accused person, namely, Gope Kumar and altogether 5.25 grams

          of brown sugar was recovered from the possession of the co-

          accused person. It is next submitted that there is non-compliance

          of mandatory provisions of NDPS Act and petitioner has been

          made an accused in the present case on the ground that the

          petitioner was accompanied with the co-accused person and

          recovered contraband is less than the commercial quantity but

          little more than the small quantity and petitioner is in custody

          since 17.02.2026.
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                      5. The learned Additional Public Prosecutor for State

          has vehemently opposed the prayer for bail of the petitioner and

          submits that petitioner has antecedent of one case other than the

          present case but fairly submits that petitioner is on bail in the

          pending matter.

                       6. Considering the aforesaid facts and circumstances

          and that nothing has been recovered from the conscious

          possession of the petitioner and the recovered contraband is less

          than the commercial quantity and little more than the small

          quantity, let the petitioner, above named, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two

          sureties of the like amount each to the satisfaction of the learned

          Principal Sessions Judge-cum-Special Judge, Biharsharif,

          Nalanda in connection with Biharsharif P.S. Case No. 83 of

          2026, subject to the following conditions:-

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.

                       ii. If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to
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                     move for cancellation of bail.

                                  iii. And further condition that the court below shall

                     verify the criminal antecedent of the petitioner and in case at

                     any stage it is found that the petitioner has concealed his

                     criminal antecedent, the court below shall take step for

                     cancellation of bail bond of the petitioner. However, the

                     acceptance of bail bonds in terms of the above-mentioned order

                     shall not be delayed for purpose of or in the name of

                     verification.



                                            (Rajesh Kumar Verma, J)
Gaurav Sinha/-

U      T