IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.48714 of 2026 Arising Out of PS. Case No.-398 Year-2026 Thana- SAHARSA SADAR District- Saharsa ====================================================== Abhishek Kumar Son of Arun Yadav Resident of Village- Diwari, Ward No. 3, P.S.- Sonbarsa, District- Saharsa ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Binod Kumar Sinha, Advocate For the Opposite Party/s : Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KUMAR MANISH ORAL ORDER 3 13-08-2026 Heard learned counsel for the petitioner and learned A.P.P for the State. 2. This is an application for grant of regular bail to the petitioner who has been made accused in connection with Saharsa Sadar P.S. Case No. 398 of 2026 registered for the offences punishable under Section 21(C) of the N.D.P.S. Act. 3. As per the prosecution case, on 16.04.2026, the informant along with the police team proceeded for patrolling duty and seeing the police team, two persons tried to flee but one of them was apprehended on the spot and another one succeeded in escaping after throwing the bag. During search, sixty bottles (100 ml each) containing Codeine Phosphate and Triprolidine Hydrocholride Syrup 100 ml Wiscorex cough syrup were seized. Patna High Court CR. MISC. No.48714 of 2026(3) dt.13-08-2026 2/3 4. Learned counsel for the petitioner submits that he is innocent and has falsely been implicated in this case and no recovery of any codeine syrup has been made from the conscious possession of the petitioner or from his house. It has further been submitted that while the petitioner was going to his house and while he was crossing the place of occurrence, the police force arrested him and planted the six liter codeine syrup false case against the petitioner. 5. It has been submitted that no search and seizure was done in accordance with the mandatory provisions of the law. It has further been submitted that the petitioner is young and he is a student and due to illegal act of police, the life and career of petitioner will be destroyed. 6. Learned counsel for the petitioner submits that the petitioner is in judicial custody since 17.04.2026 and is having a clean antecedent. 7. Learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner. 8. Considering the fact that the petitioner is a student and is having clean antecedent and also taking into consideration the materials available on record, let the petitioner, above named, be released on bail on furnishing bail Patna High Court CR. MISC. No.48714 of 2026(3) dt.13-08-2026 3/3 bonds of Rs. 10,000/- (Ten Thousand rupees) with two sureties of the like amount each to the satisfaction of learned Principal District & Sessions Judge, Saharsa in connection with Saharsa Sadar P.S. Case No. 398 of 2026, subject to following conditions:- (i) one of the bailors should be the family member/close relative of the petitioner. (ii) the petitioner shall co-operate in 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/- Barkha/- (Kumar Manish, J) U T