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2026 DAILYLAW 46455 (PAT)

Pranjal Patel v. The State of Bihar

CR. MISC./148/2026 · 2026-01-15

Khatim Reza

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.148 of 2026 Arising Out of PS. Case No.-395 Year-2025 Thana- LAURIA District- West Champaran ====================================================== 1. Pranjal Patel Son of Harendra Patel @ Mahendra Patel Resident of village - Somgarh, P.S.- Sathi, District - West Champaran. 2. Nitil Patel @ Nitil Kumar Son of Vinod Patel Resident of village - Somgarh, P.S.- Sathi, District - West Champaran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sharad Kumar Verma, Advocate For the Opposite Party/s : Mr.Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 2 15-01-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The petitioners seek regular bail in Lauriya P.S. Case No. 395 of 2025 dated 11-09-2025, registered under Sections 8/20B(ii)(B), 23(C)/29 of the Narcotic Drugs and Psychotropic Substance Act,1985. 3. The allegation is of recovery of 12.5 kg of ganja like substance from a motorcycle bearing Registration No. BR 22 W 5291 on which both the petitioners were riding. 4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in the present case. It is further submitted that no contraband has Patna High Court CR. MISC. No.148 of 2026(2) dt.15-01-2026 2/3 been recovered from the conscious possession of the petitioners. It is also contended that the alleged recovery does not involve a commercial quantity, which is 20 kilograms; rather, the recovery is only 12.5 kilograms, which is much below the commercial quantity. It is further submitted that the motorcycle was purchased by one of the petitioners and was not a stolen vehicle. Lastly, it is submitted that petitioner no. 1 has no criminal antecedents, whereas petitioner no. 2 has one criminal case of a different nature pending against him. Both the petitioners have been in custody since 12.09.2025. 5. Learned Additional Public Prosecutor for the State has opposed the prayer. 6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, NDPS Act, West Champaran at Bettiah, in connection with Lauriya P.S. Case No. 395 of 2025, subject to the following conditions: (i) that the petitioners shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and on their absence on two consecutive dates without Patna High Court CR. MISC. No.148 of 2026(2) dt.15-01-2026 3/3 sufficient reason, their bail bond shall be cancelled by the Court below, (ii) that one of the bailors will be their own blood relation, preferably father, mother, brother, sister and or his wife, (iii) that the bailors shall also state on affidavit that they will inform the court concerned if the petitioners are made accused in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse and (iv) that if the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. 7. The application stands allowed. shyambihari/- (Khatim Reza, J) U