IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.56395 of 2026 Arising Out of PS. Case No.-152 Year-2026 Thana- PARIHAR District- Sitamarhi ====================================================== Saraswati Devi W/O Vijal Mandal @ Bijal Mandal R/O Village- Got Banauli, P.S.- Ramgopalpur @ Ramgaupalpur, Dist.- Mahotari (Nepal). ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Santosh Kumar, Advocate For the Opposite Party/s : Mr. Akshay Lal Pandit, 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 Parihar P.S. Case No. 152 of 2026, instituted for the offences punishable under Sections 8, 20(b)(ii)(B) of NDPS Act. 3. Prosecution allegation, in short, is that there is recovery of total 10.640 Kg of ganja from one motorcycle and one scooty out of which 5.400 Kg ganja has been recovered from the scooty 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 Patna High Court CR. MISC. No.56395 of 2026(2) dt.17-08-2026 2/3 the conscious possession of the petitioner. Learned counsel for the petitioner further submits that the petitioner is Nepali and has got no concern with the alleged recovery of ganja. 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 05.06.2026 and has got two criminal antecedents. 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 after framing of charge, if not already framed, 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 Parihar P.S. Case No. 152 of 2026, subject to the following conditions: (I) One of the bailors must be the deponent of the bail application namely, Shibu Devi. Patna High Court CR. MISC. No.56395 of 2026(2) dt.17-08-2026 3/3 (II) The petitioner shall appear on each and every date fixed at the trial and shall not remain absent on two consecutive dates without sufficient cause. (III) The petitioner will not tamper with the evidence or the witnesses during the trial. (IV) Petitioner shall not commit offence of similar nature in future. (V) The petitioner shall not leave the territorial jurisdiction of the learned Court below without taking prior permission of the Court concerned. If any of the above conditions are violated, the Trial Court shall be at liberty to cancel the bail bonds of the petitioner. Rajorshi/- (Rudra Prakash Mishra, J) U T