IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30278 of 2026 Arising Out of PS. Case No.-8 Year-2026 Thana- ALAMGANJ District- Patna ====================================================== Jitendra Kumar @ Mritunajay Kumar S/o Ram Babu Sahani, R/o Sakari Gali, Arfabad Nahar, P.S.- Alamganj, Dist.- Patna. ... ... Petitioner Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner : Ms. Kritu Verma, Advocate For the State : Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 11-05-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. In the present case, the petitioner seeks bail in connection with Alamganj P.S. Case No. 08 of 2026 (Special (N.D.P.S.) Case No. 62 of 2026), dated 04.01.2026 , registered for the offences punishable under Sections 8(c), 21(b), 22 and 29 of the N.D.P.S. Act. 3. As per the prosecution case, recovery of 29.30 grams of smack with sachets was made from the possession of this petitioner when he was apprehended on a tip-off about having possession of smack in large quantity. 4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. Petitioner is a drug addict and was having one sachet of smack for his own consumption. Patna High Court CR. MISC. No.30278 of 2026(2) dt.11-05-2026 2/3 Nothing incriminating has been recovered from person or possesson of the petitioner and in fact, the incriminating articles have been recovered from premises of Mahavir temple as is clear from the FIR. Learned counsel furhter submits that the contents of the all the sachets were amalgamated and gross weight came to be about 10 grams in two plastic packets and net weight of each packet may be 5 grams, which is small quantity. Even otherwise the recovered articles would still come under the purview of intermediate quantity of the contraband. There is non-compliance of Section 103(4) of the B.N.S.S., 2023, and all the witnesses are Police personnel. Learned counsel next submits that petitioner is having antecedent of one case in which he is on bail. Learned counsel lastly submits that petitioner is in custody since 05.01.2026 and chargesheet has been submitted. 5. Learned A.P.P. appearing on behalf of the State opposes the submissions made on behalf of the petitioner. 6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the nature of recovery, period of custody and submission of chargesheet, the petitioner, above-named, is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like Patna High Court CR. MISC. No.30278 of 2026(2) dt.11-05-2026 3/3 amount each to the satisfaction of learned Exclusive Special Judge (N.D.P.S. Act), Court No. 1, Patna / concerned Court, in connection with Alamganj P.S. Case No. 08 of 2026 (Special (N.D.P.S.) Case No. 62 of 2026), subject to the condition laid down under Section 480(3) of the B.N.S.S. and other following conditions: (i) One of the bailors will be a close relative of the petitioner. (ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial Court. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned. Shahnawaz/- (Arun Kumar Jha, J) U T