Patna High Court
CR. MISC./57826/2026 of Lalan Kumar Vs The State of Bihar on 19 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57826 of 2026 Arising Out of PS. Case No.-29 Year-2026 Thana- SARAI District- Vaishali ====================================================== Lalan Kumar Son of Babu Lal Ganjhu @ Babulal Ganjhu Resident of Village- Gidhwatari, P.S.-
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57826 of 2026
Arising Out of PS. Case No.-29 Year-2026 Thana- SARAI District- Vaishali ======================================================
Lalan Kumar Son of Babu Lal Ganjhu @ Babulal Ganjhu Resident of Village- Gidhwatari, P.S.- Vashisthanagar Jori, District- Chatra (Jharkhand).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr.Aryan Singh, Advocate
For the Opposite Party/s :
Mr.Ram Sumiran Rai, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
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ORAL ORDER
19-08-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. In the present case, the petitioner seeks bail in connection with NDPS G.R. Case No. 22 of 2026 arising out of Sarai P.S. Case No. 29 of 2026, registered for the offences under Sections 8(c), 22(c), 25 and 29 of the NDPS Act.
3. As per the prosecution case, petitioner and other coaccused persons were apprehended when their vehicle was stopped and searched on the basis of a tip off about smuggling of narcotics substances. The petitioner was found driving the said vehicle in which the coaccused owner Anil Kumar Gupta and one more coaccused Shrawan Kumar were sitting. On search of the vehicle, 1kg 04 gram of opium and 158 gram of heroine were recovered.
Patna High Court CR. MISC. No.57826 of 2026(2) dt.19-08-2026
4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. From the FIR, it is clear that it was the coaccused Anil Kumar Gupta who had been bringing the said contraband from Nepal. The petitioner is merely a driver and he has no other involvement in the whole occurrence. The seizure list was not prepared at the spot and there is non- compliance of Section 103 of the BNSS. Learned counsel also submits that the quantity of contraband recovered comes within the intermediate quantity as it is much below the commercial quantity either for opium or for heroine. The petitioner is having clean antecedent. The petitioner is in custody since 04.02.2026 and charge sheet has been submitted.
5. Learned APP appearing for the State opposes the submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the period of custody, submission of charge sheet, clean antecedent of the petitioner and recovery of less than the commercial quantity of contraband, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each Patna High Court CR. MISC. No.57826 of 2026(2) dt.19-08-2026
to the satisfaction of learned District and Additional Sessions Judge-III, Vaishali at Hajipur/concerned court, in connection with NDPS GR Case No. 22 of 2026 arising out of Sarai P.S. Case No. 29 of 2026, subject to the condition laid down under Section 480(3) of the BNSS and other following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
anuradha/- (Arun Kumar Jha, J) U T