Prakash kumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44316 of 2026
                        Arising Out of PS. Case No.-309 Year-2026 Thana- MAHUA District- Vaishali
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                 Prakash kumar Son of Late Umesh Mahto @ Umesh Mahato Resident of
                 Village- Katahara, Harpur, P.S.- Kathara, District- Vaishali.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Md Ziaul Quamar, Advocate.
                                                   Ms. Puja Kumari, Advocate.
                                                   Mr. Akhilesh Kumar, Advocate.
                 For the Opposite Party/s :        Mr. Dr. Ajeet Kumar, APP
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                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   08-07-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has prayed for bail registered for the

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

                   N.D.P.S. Act.

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

                   the possession of this petitioner, altogether 79 grams of heroin

                   like contraband was recovered.

                                 4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. He also submits that nothing has been recovered from the

                   possession of the petitioner. The witnesses of the seizure list are
           Patna High Court CR. MISC. No.44316 of 2026(2) dt.08-07-2026
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                     police personnel and the police has not complied with Section

                     105 of the BNSS while making the seizure. He further submits

                     that the alleged recovery of contraband is though more than

                     small quantity but is much less than commercial 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 27.04.2026.

                                  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

                     Sessions Judge-cum-Special Judge, NDPS Act, Vaishali in

                     connection with Mahua P.S. Case No. 309 of 2026.


                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T