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2026 DAILYLAW 29697 (PAT)

Shravan Kumar v. The State of Bihar

CR. MISC./55151/2026 · 2026-08-17

R P Mishra

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.55151 of 2026 Arising Out of PS. Case No.-253 Year-2026 Thana- NADI P.S. District- Patna ====================================================== Shravan Kumar Son of Vijay Ray Resident of Village- Gulmahiyachak, P.S.- Nadi, District-Patna. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Jay Ram Prasad, Advocate For the Opposite Party/s : Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 17-08-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Nadi P.S. Case No. 253 of 2026, instituted for the offences punishable under Sections 8(c) and 21(b) of the NDPS Act. 3. Prosecution allegation, in short, is that there is recovery of 13.331 gram smack in this case from the possession of the petitioner. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner further submits that the petitioner has got no Patna High Court CR. MISC. No.55151 of 2026(2) dt.17-08-2026 2/2 concern with the alleged recovery of smack. The recovered contraband is below the commercial quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. The petitioner is in custody since 22.06.2026 and has got no criminal antecedent. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act. 5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6. Considering the aforesaid facts and circumstances of the case, the recovered contraband being below the commercial quantity and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7. Let the petitioner be released on bail on furnishing bail bonds of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Nadi P.S. Case No. 253 of 2026. Rajorshi/- (Rudra Prakash Mishra, J) U T