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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.38294 of 2026 Arising Out of PS. Case No.-259 Year-2025 Thana- Chitragupta Nagar District- Patna ====================================================== Sumit Kumar Son of Late Subhash Prasad Yadav R/O- Income tax Kathpul Back of Hathua Pathasala near Child hospital,P.s- Budha colony Dist-Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ghanshyam Tiwary, Advocate For the Opposite Party/s : Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 3 24-07-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Chitragupta Nagar P.S. Case No. 259/2025, lodged on 29/10/2025, under Sections 8(C) and 22(a) of the NDPS Act and 25(1-b)a and 26 of the Arms Act and 303(2) of the BNS..
3. As per the prosecution case, total recovery of 222 pieces injection of 2 ml each, total 444 ml containing Buprenorphine Hydrochloride and 152 amples of Avil injections as well as three live-catridges from the possession of the petitioner and co-accused, is the subject matter of the present case.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. It is further submitted that the petitioner has been implicated in this case
Patna High Court CR. MISC. No.38294 of 2026(3) dt.24-07-2026 2/2 merely on suspicion and the alleged recovery total 133.20 mg Buprenorphine Hydrochloride injection has been shown from the possession of the petitioner which is below the small quantity. The petitioner has no concern with the alleged recovery. In fact, the alleged recovery has not been made from the conscious possession of the petitioner. Moreover, the petitioner has no criminal antecedent and he is in custody since
30.10.2025.
5. Learned counsel for the State opposes the prayer for bail and submits that from the possession of the petitioner and one co-accused NDPS like material along with three live- catridges were recovered.
6. In the present facts and circumstances and considering the nature of allegation, I am not inclined to grant regular bail to the petitioner, for the present.
7. Accordingly, the prayer for regular bail of the petitioner in connection with Chitragupta Nagar P.S. Case No. 259/2025, pending before the learned Exclusive Special Judge NDPS-I, Patna, is hereby rejected at present.
Manshi/Ashwini (Dr. Anshuman, J) U T