CR. MISC./48876/2026 of Saroj Kumar Vs The State of Bihar on 20 August 2026

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 Jogbani P.S. Case No. 66 of 2023 registered for the offences punishable under Sections 20(b)(ii)(B) of NDPS Act.

3. As per FIR the petitioner alleged to be found in possession of 6 kg of Ganja/ contraband.

4. It is submitted by learned counsel appearing on behalf of the petitioner that the recovery of Ganja as alleged appears made without mandatory compliance of provisions of law related with search, sealing and seizure. It is submitted that even the seizure list prepared in connection with present case nowhere discloses that what is the quantity of Ganja as alleged to be recovered from the possession of this petitioner.

Patna High Court CR. MISC. No.48876 of 2026(3) dt.20-08-2026

It is submitted that all seizure list witnesses are interested being the departmental witnesses, despite availability of independent witnesses and on this score alone the implication of this petitioner appears questionable. Petitioner claimed clean antecedent

5. Learned APP while opposing the prayer of bail submitted that the FIR categorically suggest that recovery of 6 kg of Ganja was made from the motorcycle of this petitioner and moreover, upon FSL examination seized material was found Ganja. It is submitted that the recovery was made from conscious possession of this petitioner and as such his culpable mental state qua possession of contraband cannot be viewed with doubt.

6. In view of aforesaid factual submission and by taking note of fact as FIR primarily suggest recovery of contraband i.e., Ganja from the motorcycle of this petitioner, accordingly, the prayer of anticipatory bail of above-named petitioner stands rejected.

Sudha/- (Chandra Shekhar Jha, J) U T