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2026 DAILYLAW 29258 (PAT)

Raiyan @ Raiyan Alam v. The State of Bihar

CR. MISC./54714/2026 · 2026-08-13

Ashok Kumar Pandey

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.54714 of 2026 Arising Out of PS. Case No.-301 Year-2026 Thana- KOCHADHAMAN District- Kishanganj ====================================================== Raiyan @ Raiyan Alam Son of Md. Saidur Rahman @ Said Alam Resident of village- Iqbal colony, Paschim Palli, Ps- Kishanganj, Dist- Kishanganj ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ram Prawesh Kumar, Advocate For the Opposite Party/s : Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 2 13-08-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 8 (c) and 21 (b) of the NDPS Act. 3. The case of the prosecution is that a raid was conducted on the medical store situated at Rahmat Para. It is alleged that four persons were apprehended and from the possession of one of the co-accused, 96 Grams of smack was recovered. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that nothing has been recovered from the conscious possession of this petitioner. Recovery, if any has been made from the Patna High Court CR. MISC. No.54714 of 2026(2) dt.13-08-2026 2/2 possession of co-accused, Mithun Kumar. All the witnesses to the seizure list are police personnel and the police has not complied the mandatory provisions of Section 105 of the BNSS while making seizure. It is further submitted that as far as contraband is concerned, the alleged recovery of contraband is though more than small quantity but is much less than commercial quantity. Moreover, the petitioner is languishing in judicial custody since 05.06.2026 having no criminal antecedent. 5. Learned APP appearing for the State Vehemently has opposed the prayer of regular bail. 6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kochadhaman P.S. Case No. 301 of 2026 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge cum Special Judge, NDPS Act, Kishanganj/concerned Court. Jagdish/- (Ashok Kumar Pandey, J) U T