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2026 DAILYLAW 10895 (PAT)

Aditya Kumar @ Aditaya Kumar v. The State of Bihar

CR. MISC./19026/2026 · 2026-04-03

Smt Soni Shrivastava

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19026 of 2026 Arising Out of PS. Case No.-328 Year-2025 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Aditya Kumar @ Aditaya Kumar S/O Rajendra Paswan R/O Mohalla- Old Fish Market, (purani machhli bazar), Ward No.- 31, P.S.- Town (Nagar), District- Begusarai ... ... Petitioner/s Versus The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Sandip Kumar Gautam, Advocate For the State : Mrs. Pushpa Sinha-1, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 2 03-04-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in a case registered for the offence punishable under Sections 8, 20(b), (ii) and 22 (a) of the NDPS Act. 3. The petitioner has renewed his prayer for bail as the earlier application for bail of the petitioner was dismissed as withdrawn vide order dated 17.02.2026 passed in Cr. Misc. No.78136 of 2025 (Annexure-1) by this Court with a liberty to renew the prayer after framing of charge. 4. 23.47 grams of smack like substance is said to have been recovered from the possession of the petitioner. 5. It is submitted by learned counsel for the Patna High Court CR. MISC. No.19026 of 2026(2) dt.03-04-2026 2/3 petitioner that the charges have been framed on 24.02.2026, as stated in para-11 of this application. It is further submitted that the recovery of so-called smack from the petitioner is of 23.47 grams, which is much less than commercial quantity. It is also submitted that there is no independent witness to the search and seizure violating the mandatory provisions of search and seizure. The petitioner is languishing in custody since 12.08.2025. 6. Learned APP for the State opposed the bail petition. 7. Taking into consideration the facts and circumstances of the case as also the fact that the petitioner was earlier granted the liberty to renew the prayer after framing of charge coupled with the fact that the recovered article is not under the commercial quantity, the above named petitioner is directed to be enlarged 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 Court below where the case is pending/successor Court in connection with NDPS Case No.53 of 2025, arising out of Town P.S. Case No.328 of 2025, subject to the following conditions: (i) One of the bailors would be the father/ mother. Patna High Court CR. MISC. No.19026 of 2026(2) dt.03-04-2026 3/3 (ii) If the petitioner is found to be involved in any other similar nature of the offence in future, the learned Court concerned would be at liberty to cancel the bail bonds of the petitioner. Trivedi/- (Soni Shrivastava, J) U T