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2026 DAILYLAW 3946 (PAT)

Alok Mishra v. The State of Bihar

CR. MISC./14289/2026 · 2026-04-20

Praveen Kumar

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14289 of 2026 Arising Out of PS. Case No.-197 Year-2025 Thana- SIRISIYA District- West Champaran ====================================================== Alok Mishra Son of sri Mannu Mishra @ Pramod Mishra Resident of Village- Sabeya Chargaha, P.S.- Sirisiya, District- West Champaran ... ... Petitioner Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr.Sharad Kumar Verma For the Opposite Party/s : Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 3 18-04-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner seeks bail in connection with Sirisiya P.S. Case No. 197 of 2025 dated 24.11.2025, registered for the offence under Sections 25(1-AA), 25(10b)(a), 26 and 35 of the Arms Act and Sections 20(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. As per the prosecution case, during course of vehicle checking, a motorcycle was intercepted. The petitioner was a pillion rider on the said motorcycle and from his possession one country made pistol with one cartridge and 2.230 kilograms of ganza like substance was recovered. 4. Learned counsel appearing for the petitioner submits that the alleged recovery of contraband substance is of intermediary quantity and much less than the commercial Patna High Court CR. MISC. No.14289 of 2026(3) dt.18-04-2026 2/3 quantity. The search and seizure is in violation of Section 42 and 50 of the NDPS Act as well as Section 103 of the BNSS. The petitioner is in custody since 24.11.2025 and charge-sheet has been submitted in this case without FSL report. Moreover, it it has been submitted that although the petitioner is accused in some other cases, but in most of them he is on bail and in one of the cases he has been acquitted of the charges. It has been further submitted that the petitioner undertakes to cooperate in the trial. 5. Learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner. 6. Perused the records and considered the submissions of the parties, in the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, West Champaran at Bettiah, in connection with Sirisiya P.S. Case No. 197 of 2025. 7. It is directed that the petitioner shall be well represented on each and every date and failure on two successive occasions will lead to cancellation of his bail bonds. If the petitioner gets himself involved in any type of criminal Patna High Court CR. MISC. No.14289 of 2026(3) dt.18-04-2026 3/3 case in future, the prosecution would be at liberty to move the appropriate forum for cancellation of his bail bonds. Pawan/- (Praveen Kumar, J) U T