Patna High Court
CR. MISC./48862/2026 of Md. Shamsher Baitha @ Shamsher @ Shamsher Baitha Vs The State of Bihar on 20 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.48862 of 2026 Arising Out of PS. Case No.-111 Year-2026 Thana- RANIGANJ District- Araria ====================================================== Md. Shamsher Baitha @ Shamsher @ Shamsher Baitha S/O Md. Hasbul @ Md. Hasbul Baitha Resident of
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48862 of 2026
Arising Out of PS. Case No.-111 Year-2026 Thana- RANIGANJ District- Araria ======================================================
Md. Shamsher Baitha @ Shamsher @ Shamsher Baitha S/O Md. Hasbul @
Md. Hasbul Baitha Resident of Village- Hansa, Puwari Ram Tola, Ward No.
10, P.S- Raniganj, Distt.- Araria (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Kumar Ravish
For the Opposite Party/s :
Mr. Meena Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
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ORAL ORDER
20-08-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and apprehending his arrest in connection with Raniganj P.S. Case No.111/2026 registered for the offences punishable under Sections 8(c) and 21(b) of the NDPS Act, 1985.
3. As per FIR 17.38 grams of smack alleged to be recovered from the kitchen of the house of this petitioner.
4. It is submitted by learned counsel appearing on behalf of the petitioner that the recovery of alleged contraband was made from the kitchen of the house of the petitioner. It is submitted that after watching police party petitioner alleged to run away from the place of occurrence and it was informed by the father of the petitioner who resided in the nearby house separately qua involvement of his son with the selling/trading of Patna High Court CR. MISC. No.48862 of 2026(3) dt.20-08-2026
the smack. It is further submitted that compliance of Section 103(4) of the BNSS not appears to be followed regarding search of the premises and moreover mandatory provisions of search, seizure and sealing (SSS) also not appears followed in the present case, as per NDPS Act, 1985. Petitioner claimed clean antecedent.
5. Learned APP while opposing the prayer of bail submitted that house in issue was exclusively occupied by this petitioner as per FIR and, therefore, it can be safely said that he was under culpable mental state qua possession of the smack, which alleged to be seized/found from the kitchen of the petitioner within the meaning of Section 35 of the NDPS Act.
6. In view of aforesaid factual submission and by taking note of fact which prima-facie suggest that petitioner was under culpable mental state regarding alleged contraband i.e., smack found from his kitchen, where house in issue was said to be occupied exclusively by this petitioner, accordingly prayer of anticipatory bail of petitioner stands rejected.
S.Tripathi/- (Chandra Shekhar Jha, J) U T