IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.45691 of 2026 Arising Out of PS. Case No.-402 Year-2026 Thana- KANKARBAG District- Patna ====================================================== Dipak Kumar @ Deepak Kumar Son of Dinesh Mallik Resident of Sabji Mandi, Tempo Stand, P.S. - Kankarbagh, District - Patna. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Jainendra Kumar Pushkar, Advocate Mr. Sanjay Kumar, Advocate For the Opposite Party/s : Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KUMAR MANISH ORAL ORDER 3 13-08-2026 Heard learned counsel on behalf of the petitioner and learned A.P.P. on behalf of the State. 2. This application is filed for grant of regular bail to the petitioner who has been made accused in connection with Kankarbagh P.S Case No. 402 of 2026 instituted for the offences punishable under Sections 317(5), 3(5) of the B.N.S. and Sections 21, 22(a)(b) of the N.D.P.S. Act. 3. The prosecution case, in brief, is that, during a drive conducted against drug addicts, the petitioner along with other associates attempted to flee upon noticing the police force near Kali Mandir at Malahi Pakri, but, all of them were apprehended. On search, there was a recovery of 102 ampules (102 x 0.6 mg = 61.2 mg = 0.0612 grams) of Buprenorphine and 89 ampules of Avil (Pheniramine Injection) from a large plastic bag in their possession. Patna High Court CR. MISC. No.45691 of 2026(3) dt.13-08-2026 2/3 4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case due to ulterior motive. No incriminating material has been recovered from the conscious possession of the petitioner during the search, except one mobile phone. 5. It has further been submitted that there is no independent witness on the search and seizure list. Also, the mandatory provisions of Sections 50, 52, 53 were not complied with the petitioner. 6. It has been argued on behalf of the petitioner that only a small quantity of contraband was recovered. The seized contraband is below the one gram threshold and is classified as small quantity under the Act. It has further been submitted that the recovery of 89 ampules of Avil injection does not fall under the category of the N.D.P.S. Act and the same is not covered under the schedule of the N.D.P.S. Act. 7. Learned counsel for the petitioner submits that the petitioner is in judicial custody since 04.05.2026 and is having a clean antecedent. 8. The Coordinate Bench of this Hon’ble Court in Cr. Misc. No. 54415/2026 has granted bail to the co-accused, namely, Rahul Kumar and Akshay Kumar. Patna High Court CR. MISC. No.45691 of 2026(3) dt.13-08-2026 3/3 9. Learned A.P.P. for the State has vehemently opposed the prayer for bail. 10. Considering the fact that the petitioner is having a clean antecedent, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge/Special Judge, NDPS, Patna in connection with Kankarbagh P.S Case No. 402 of 2026, subject to following conditions:- (i) One of the bailors should be family member of the petitioner. (ii) Petitioner will co-operate in the trial and will remain present on all dates personally or should be duly represented through his counsel and whenever required to be physically present by the court, he should physically appear in the Court on that date. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. Ritwika/- (Kumar Manish, J) U T