Vishal Rai @ NapaliversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35917 of 2026
                       Arising Out of PS. Case No.-1137 Year-2025 Thana- DANAPUR District- Patna
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                 Vishal Rai @ Napali Son of Baijnath Rai Resident of Village - Mubarakpur,
                 Ward no. 7, Ps- Danapur, Dist- Patna

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Roshan Kumar, Advocate
                 For the Opposite Party/s :       Mr. Rabindra Kumar, APP
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                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   08-06-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State through virtual mode.

                                   2. The petitioner seeks bail in a case registered for

                   the offence punishable under Sections 8(c), 21(b) of the

                   N.D.P.S. Act and under Section 25(1-b)a and 26 of the Arms

                   Act.

                                   3. As per the prosecution case, 6 gram smack and a

                   country made pistol containing two live cartridges have been

                   recovered from the possession of the petitioner.

                                   4. Learned counsel for the petitioner submits that a

                   false recovery of smack and country made pistol has been

                   shown from the possession of the petitioner and, as such,

                   recovery has not been made in the presence of any independent

                   witness. It is further submitted that so far as the recovery of the
Patna High Court CR. MISC. No.35917 of 2026(2) dt.08-06-2026
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          contraband is concerned, it is 6 grams, which is a little over

          small quantity and much less than commercial quantity. It has

          been further submitted that the petitioner is in custody since

          24.10.2025.

                         5. Learned APP for the State has opposed the grant

          of bail on the ground that the petitioner has four criminal

          antecedent. However, in response it has been submitted that the

          petitioner is on bail in all other cases and those cases are

          similar in nature. Further, charge-sheet has been submitted in

          those cases and cognizance has already been taken and

          petitioner undertakes to co-operate in the trial in getting the

          charges framed.

                         6. Taking into consideration the facts and

          circumstances and considering the fact that the recovery of

          contraband is just a little over small quantity and the petitioner

          has remained in custody for more than 7 months, coupled with

          the fact that the charge-sheet has already been submitted and

          cognizance has been taken, let the above named petitioner, be

          released on bail 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) I, Patna /concerned Court below in connection with
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                        Danapur P.S. Case No. 1137 of 2025 subject to condition that:-

                                       (i)    One of the bailors will be his own blood

                        relative, preferably, father, mother, brother, sister.

                                       (ii) The petitioner shall appear on each and every

                        date fixed in the case before the Court concerned and would

                        co-operate in getting the charges framed and in case of non-

                        appearance on any date without reasonable cause, the learned

                        Court concerned would be at liberty to cancel his bail bonds.



                                                  (Soni Shrivastava, J)
anand/-

U         T