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2026 DAILYLAW 10187 (PAT)

Shivam Kumar @ Monu @ Mannu Kumar v. The State of Bihar

CR. MISC./23023/2026 · 2026-04-08

Ashok Kumar Pandey

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23023 of 2026 Arising Out of PS. Case No.-280 Year-2025 Thana- BIHPUR District- Bhagalpur ====================================================== Shivam Kumar @ Monu @ Mannu Kumar Son of Jagdish Ishwar Resident of village- Sonbarsha PS- Bihpur District -Bhagalpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Subhash Kumar, Advocate For the Opposite Party/s : Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 2 08-04-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner has prayed for bail in connection with Bihpur P.S. Case No.280 of 2025 registered for the offence punishable under Sections 8(c), 21(b), 25 & 29 of the Narcotic Drugs and Psychotropic Substance (in short ‘N.D.P.S.’) Act. 3. The case of the prosecution, in short, is that from the possession of this petitioner, 198.54 gm of brown sugar was recovered. 4. Learned counsel appearing on behalf of the petitioner has submitted that nothing has been recovered from the possession of the petitioner. Learned counsel for the petitioner has further submitted that the witnesses of the seizure list are police personnel and police have not complied Section Patna High Court CR. MISC. No.23023 of 2026(2) dt.08-04-2026 2/2 105 of the BNSS while making seizure. It has further been submitted that the alleged recovery of contraband is though more than small quantity but is less than commercial quantity. Learned counsel for the petitioner has further submitted that the petitioner is in judicial custody since 07.12.2025. 5. The application for bail is opposed by learned APP for the State. Learned APP has submitted that the petitioner is having criminal antecedent of one case. 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 court of learned Principal District and Sessions Judge, Bhagalpur in connection with Bihpur P.S. Case No.280 of 2025. durgesh/- (Ashok Kumar Pandey, J) U T