Ujjwal KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36017 of 2026
                      Arising Out of PS. Case No.-31 Year-2026 Thana- GARDANIBAG District- Patna
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                 Ujjwal Kumar S/o Late Ram Pravesh Rai @ Ram Pravesh Yadav Resident of
                 village- Yogiyatoli, Yarpur, P.S.- Gardanibagh, District- Patna

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr.Vijay Kumar Sinha, Advocate
                 For the Opposite Party/s :       Mr.Shahabuddin Azeem @ S. Azeem, APP
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                 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 petitioner who apprehends arrest in connection

                   with Gardanibagh P.S. Case No.- 31 of 2026 lodged on

                   09.01.2026, for the offences punishable under sections 21,22(b),

                   25,29 of the N.D.P.S. Act, 1985.

                                4. As per the prosecution case, it appears that two

                   named persons, including the present petitioner, have been made

                   as accused. The prosecution alleges that, on receiving

                   information that smack/brown sugar was being sold from a cow

                   shed (khatal) belonging to the accused persons, the informant

                   along with the police party proceeded to the said place. Upon
Patna High Court CR. MISC. No.36017 of 2026(2) dt.01-06-2026
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          conducting a search, 90 sachets of smack/brown sugar weighing

          a total of 55 grams were allegedly recovered from the premises.

          However, on seeing the police party, both the accused persons,

          including the present petitioner, allegedly fled from the spot.

                       5. Learned counsel for the petitioner submits that the

          petitioner is innocent and has not committed any offence. It is

          contended that the present case has been lodged against the

          petitioner at the instance of one Sunil Kumar Gupta, with whom

          the petitioner has a long-standing dispute regarding a piece of

          land on which a cattle shed (khatal) is situated. Learned counsel

          submits that Annexure P/2 to the application is the order dated

          08.12.2011 passed in CWJC No. 11428 of 2008, wherein the

          said Sunil Kumar Gupta was impleaded as respondent no. 10. It

          is further submitted that a land dispute between the parties is

          also pending before the DCLR, being Land Dispute Case No.

          121 of 2022-23, which is evident from Annexure P/3 to the

          application. Learned counsel argues that it is solely on account

          of the aforesaid land dispute that the petitioner's name has been

          implicated in the present case. He further submits that although

          the petitioner has criminal antecedents and is an accused in eight

          other criminal cases, all such cases have been instituted at the

          behest of the family members of Sunil Kumar Gupta owing to
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                    the continuing dispute between the parties.

                                 6. Learned APP for the State vehemently opposes the

                    prayer for bail and submits that the petitioner is alleged to have

                    been engaged in the sale of smack and that recovery has been

                    effected from the cattle shed belonging to him. It is further

                    submitted that a total of 55 grams of smack was recovered

                    during the raid, which prima facie connects the petitioner with

                    the alleged offence. Moreover, the petitioner is accused in eight

                    more criminal case

                                 7. In this background, this Court is not inclined to

                    grant bail to the petitioner. Accordingly, the prayer for bail of

                    the petitioner in connection with Gardanibagh P.S. Case No.- 31

                    of 2026, pending before the learned Principal District and

                    Sessions Judge, Patna (Special Judge,NDPS) is hereby rejected.



                                                (Dr. Anshuman, J)
Ashwini/Manshi

U     T