IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.45225 of 2026 Arising Out of PS. Case No.-187 Year-2025 Thana- MAHALGAON District- Araria ====================================================== Ashish Parasar @ Ashish S/O Shri Shiv Kumar Parasar R/O Village- Birari, P.S- Ekdil, Distt.- Etawah (Uttar Pradesh). ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kumar Rajdeep, Advocate For the State : Mrs. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KUMAR MANISH ORAL ORDER 4 17-08-2026 Heard learned counsel, Mr. Kumar Rajdeep on behalf of the petitioner along with Mrs. Madhuri Lata, 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 Special (N.D.P.S.) Case No. 41 of 2026 arising out of Mahalgaon P.S Case No. 187 of 2025 instituted for the offences punishable under Sections 8, 20(b)(ii)(c), 25 and 29 of the N.D.P.S. Act. 3. As per the prosecution case, on 20.10.2025 at about 2:40 A.M., during routine vehicle checking at Kariyat Camp check-post under Mahalgaon Police Station, a container truck bearing Registration No. HR38Z6956 was intercepted by the police party. The driver (petitioner) allegedly attempted to flee Patna High Court CR. MISC. No.45225 of 2026(4) dt.17-08-2026 2/5 on seeing the police but was apprehended. Upon search of the vehicle, a total amount of 84.822 kilograms of ganja was recovered. 4. Learned counsel for the petitioner submits that charge sheet has already been filed vide charge sheet no. 43 of 2026. It is submitted on behalf of the petitioner that he is innocent and has committed no offence and he has been falsely implicated in this case. It is further submitted that the petitioner is not the owner but the driver of the vehicle and he has no concern with the consignment. 5. It is submitted that, as a matter of fact, no seizure of any kind of contraband (ganja) was made from the truck which was being driven by the petitioner. It is further submitted that the petitioner did not give any statement to the police regarding his involvement in the alleged offence and possession of the contraband (ganja). The police officials have taken the signature of the petitioner on blank papers and the same was obtained under pressure, duress and threats. The petitioner has not made any extra judicial confession before the police officer at any point of time. It is further submitted that nothing has been recovered from the conscious possession of the petitioner and the petitioner has no nexus with the alleged contraband (ganja) Patna High Court CR. MISC. No.45225 of 2026(4) dt.17-08-2026 3/5 which has been recovered by the police. 6. Learned counsel for the petitioner submits that the alleged search and seizure is vitiated by non-compliance of Section 103(4) and 103(5) of the B.N.S.S. and there is no independent witness during the search and seizure proceedings. 7. It is submitted that, in the present case, there are many irregularities committed by the officers conducting raid, seizure, sampling and in sending the sample for analysis. It is further submitted that the seizure contraband was made on 20.10.2025 and the sample was drawn on 19.12.2025 and the sample was delivered at FSL, Bhagalpur on 29.12.2025. Thereafter, the FSL, Bhagalpur has failed to do the analysis of the contraband within the prescribed period of time and there is no explanation of delay of about 60 days in collection of sample for the purpose of analysis. 8. Learned counsel for the petitioner has also raised the issue that the arrest of the petitioner is vitiated in law as the grounds of arrest were not furnished or communicated to the petitioner in writing at the time of arrest and the petitioner relies upon the judgment passed by the Hon’ble Supreme Court of India in the case of Dr. Rajinder Rajan versus Union of India and ANR. vide order dated 01.04.2026 passed in SLP (Crl.) Patna High Court CR. MISC. No.45225 of 2026(4) dt.17-08-2026 4/5 Nos. 3326, 3327 of 2026. 9. Learned counsel for the petitioner submits that the petitioner is in judicial custody since 20.10.2025 and is having a clean antecedent. 10. Learned A.P.P. for the State has vehemently opposed the prayer for bail. 11. Considering the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge cum Special Judge NDPS Act at Araria in connection with Special (N.D.P.S.) Case No. 41 of 2026 arising out of Mahalgaon P.S Case No. 187 of 2025, 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. Patna High Court CR. MISC. No.45225 of 2026(4) dt.17-08-2026 5/5 (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