IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30441 of 2026 Arising Out of PS. Case No.-117 Year-2026 Thana- PARBATTA District- Khagaria ====================================================== Bhushan Kumar S/O Late Kantalal Mandal Resident of Village- Parbatta, ward No. 09, P.S- Parbatta, Distt.- Khagaria (Bihar). ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Akash Anand, Advocate For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 3 01-07-2026 1. Heard learned counsel for the parties. 2. The petitioner has preferred this application for grant of regular bail in connection with Parbatta P.S. Case no. 117 of 2026 registered under sections 111 of the Bhartiya Nyay Sanhita, 2023 and section 21(b) of N.D.P.S. Act. 3. As per the prosecution case, both the petitioner and coaccused Rabin Kumar were taken into custody. On search from the possession of coaccused Rabin Kumar 280 grams of heroin was recovered. 4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case only for the reason that he happens to be the cousin (chachera) Patna High Court CR. MISC. No.30441 of 2026(3) dt.01-07-2026 2/3 brother of the said Rabin Kumar. From reading of the FIR itself it would transpire that the alleged recovery is from possession of the coaccused and not the petitioner. The petitioner is in custody since 16.3.2026 and has no criminal antecedent. He undertakes to cooperate in the investigation/trial. 5. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the FIR together with the petitioner being in custody since 16.3.2026 and specially his not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Parbatta P.S. Case no. 117 of 2026 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 Special Judge (N.D.P.S. Act), Khagaria on the following conditions: (i) If it subsequently transpires that the petitioner has an antecedent, the prosecution will be at liberty to move this Court for cancellation of bail granted to the petitioner. (ii) The petitioner shall remain properly Patna High Court CR. MISC. No.30441 of 2026(3) dt.01-07-2026 3/3 represented on each date of the trial in the learned trial Court and shall cooperate in the trial. (iv) In case the learned trial Court is of the opinion that the trial is being delayed due to non- cooperation on part of the petitioner, the learned trial Court may cancel the bail bond of the petitioner and take him into custody till conclusion of the trial. Bibhash/Amit (Partha Sarthy, J) U T