Amit Kumar @ Bauwa Yadav @ Amit YadavversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35997 of 2026
                      Arising Out of PS. Case No.-23 Year-2026 Thana- NARPATGANJ District- Araria
                 ======================================================
                 Amit Kumar @ Bauwa Yadav @ Amit Yadav S/o Binod Kumar Yadav R/o
                 Village - Khaira Ward No. 11, P.S. - Narpatganj, District - Araria.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Manisha Khushi, Advocate
                 For the Opposite Party/s :       Mr. Jagdhar Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   01-06-2026                     The Court proceeding is being conducted through

                   virtual mode.

                                2. Heard learned counsel for the petitioner and learned

                   APP for the State.

                                3. The present criminal miscellaneous application has

                   been filed under Section 482 of the Bharatiya Nagarik Suraksha

                   Sanhita, 2023 (hereinafter referred to as the "BNSS") for grant

                   of anticipatory bail to the petitioner, who apprehends his arrest

                   in connection with Narpatganj P.S. Case No. 23 of 2026 lodged

                   20.01.2026, for the offences punishable under sections

                   8(c)/21(b) of the NDPS Act, pending in the court of learned

                   Principal District and Sessions Judge, Araria.

                                4. As per the prosecution, total recovery of 67.46

                   grams of smack and other articles have been recovered from the
Patna High Court CR. MISC. No.35997 of 2026(2) dt.01-06-2026
                                            2/3




          house of the petitioner which is the subject matter of the present

          case.

                       5. Learned Counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. Counsel

          submits that antecedent of the petitioner is clean. Counsel

          submits that the recovery has been made from the possession of

          mother of the petitioner and petitioner has not been apprehended

          from the place of occurrence. He submits that no recovery has

          been made from the conscious position of the petitioner.

          Counsel submits that petitioner is student whose antecedent is

          clean and he has been unnecessarily dragged in this present case.

                       6. Learned APP for the State, on the other hand,

          opposes the prayer for bail of the petitioner and submits that

          from the allegation in the FIR that petitioner was selling the

          smack commercially and used to keep this smack in the Bhusha

          Ghar of his house. Counsel submits that the quantity of smack

          recovered is 67.46 grams, the small quantity is 5 gm only, which

          is much more than the small quantity. Counsel for state fairly

          submits that it is true that antecedent of the petitioner is clean

          and that aspect may be taken into consideration.

                       7. After hearing the parties, it transpires to this Court

          that the defence has been made that petitioner is a student, but
           Patna High Court CR. MISC. No.35997 of 2026(2) dt.01-06-2026
                                                       3/3




                     there is not a single document by which it could be ascertained

                     to this Court that he is a student.

                                  8. In the light of the allegation that recovery of much

                     more of small quantity has been made and he used to sell this

                     smack, this Court is not inclined to grant anticipatory bail to the

                     petitioner. Hence, the prayer for anticipatory bail of the

                     petitioner is hereby refused.

                                                                          (Dr. Anshuman, J)
Mkr./Bipin/-

U      T