Surendra Kumar @ Surendra Bind v. The State of Bihar
CR. MISC./11414/2026 · 2026-06-24
Rajiv Roy
body2026
DailyLaw.ai
[ 2026 DAILYLAW 19465 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 19465 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13095 of 2026 Arising Out of PS. Case No.-900 Year-2025 Thana- MASAUDHI District- Patna ======================================================
1. Chandrika Prasad S/O Late Jagabandan Prasad @ Jagnandan Prasad R/O Village- Pakari, P.S- Masaurhi, Distt.- Patna. 2. Om Prakash S/O Janak Yadav R/O Village- Pakari, P.S- Masaurhi, Distt.- Patna. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 11414 of 2026 Arising Out of PS. Case No.-900 Year-2025 Thana- MASAUDHI District- Patna ======================================================
1. Surendra Kumar @ Surendra Bind S/o Rajeshwar Yadav R/o Village- Pakri, PS- Masaurhi, Distt.- Patna
2. Lalu Kumar @ Ramakant Kumar S/o Dularchand Bind R/o Village- Pakri, PS- Masaurhi, Distt.- Patna
3. Janardan Prasad @ Lali Bind @ Lali Prasad S/o Musafir Bind @ Mushafir Jamadar R/o Village- Pakri, PS- Masaurhi, Distt.- Patna
4. Karu Bind S/o Late Sitaram Bind R/o Village- Pakri, PS- Masaurhi, Distt.- Patna
5. Lalji Bind S/o Devki Bind R/o Village- Pakri, PS- Masaurhi, Distt.- Patna
6. Pramod Bind S/o Lalji Bind R/o Village- Pakri, PS- Masaurhi, Distt.- Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 13095 of 2026) For the Petitioner/s : Mr. Suresh Prasad Bhakta, Adv. For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP (In CRIMINAL MISCELLANEOUS No. 11414 of 2026) For the Petitioner/s : Mr. Amit Kumar, APP For the Opposite Party/s : Mrs. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 5 24-06-2026 Heard Mr. Krishna Prasad Singh, learned Senior
Patna High Court CR. MISC. No.13095 of 2026(5) dt.24-06-2026 2/3 Counsel for the petitioner, Mr. Suresh Prasad Bhakta, Ms. Jyoti Kumari as also Mr. Amit Kumar for the petitioner and Mr. Jitendra Kumar Singh and Mrs. Madhuri Lata in the two cases. 2. The petitioner apprehends his arrest in connection with Masaurhi P.S. Case No. 900 of 2025 for the offence registered under sections 20(a)(i) of the NDPS Act. 3. As per the prosecution story, the informant alleged that on confidential information that some accused persons have planted ganja like plants in their respective land, the place was raided and the recovery/seizure made which is part of the seizure list. Accordingly, the FIR. 4.
Earlier, a Co-ordinate Bench directed the State to file counter affidavit on the point whether it has been ascertained that the plant seized has been found to be ganja or not. Accordingly, the counter affidavit duly signed by the ASP, Masaurhi-1 has come and the FSL report dated 16.01.2026 shows that the plant indeed have been found to be ganja. 5. Learned Senior Counsel for the petitioner duly assisted by other learned counsels submit that nothing has been recovered from their conscious possession but the Police in a zeal to implicate, has named them. Further, they can show that they do not own the land. Patna High Court CR. MISC. No.13095 of 2026(5) dt.24-06-2026 3/3
6. Learned APP submits that these are the facts which can be presented as and when they surrender and seek bail. They are before this Court for the grant of anticipatory bail and the Forensic report indicates the allegation made in the FIR to be true. 7. Taking into account the submissions of the parties as also the report of the Forensic Science Laboratory, Patna, anticipatory bail cannot be extended to them. 8. The two petitions accordingly stand rejected. 9. However, if the petitioners surrender within four weeks from today, the Court concerned shall take up the matter and dispose it of preferably on the same day. Vijay Singh/- (Rajiv Roy, J) U T