Patna High Court
CR. MISC./26032/2026 of Sunny Kumar Vs The State of Bihar on 18 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26032 of 2026 Arising Out of PS. Case No.-123 Year-2026 Thana- DEHRI TOWN District- Rohtas ====================================================== Sunny Kumar S/o Kameshwar Prasad R/o Mohalla - Barah Pathar, Ward No. 35, P.S. - Dehri(T),
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26032 of 2026
Arising Out of PS. Case No.-123 Year-2026 Thana- DEHRI TOWN District- Rohtas ======================================================
Sunny Kumar S/o Kameshwar Prasad R/o Mohalla - Barah Pathar, Ward No.
35, P.S. - Dehri(T), District - Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Rakesh Singh, Advocate
For the Opposite Party/s :
Mr. Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
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ORAL ORDER
18-08-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. Earlier, vide order dated 20.04.2026, the petitioner was granted provisional bail for a period of four weeks and after lapse of the same, the petitioner has surrendered before the learned Court below on 21.05.2026 and has also filed surrender certificate.
3. The petitioner seeks bail in connection with Dehri (Town) P.S. Case No. 123 of 2026, instituted for the offences punishable under Sections 8(c), 21(b) and 22(b) of the NDPS Act.
Patna High Court CR. MISC. No.26032 of 2026(4) dt.18-08-2026
4. Prosecution allegation, in short, is that there is recovery of 66.27 gram of heroine from the possession of the petitioner.
5. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner further submits that the petitioner has got no concern with the alleged recovery of heroine. The recovered contraband is below the commercial quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. The petitioner is in custody since 11.03.2026 and has got no criminal antecedent. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act.
6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances of the case, the recovered contraband being below the commercial quantity and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
8. Let the petitioner be released on bail on furnishing bail bonds of Rs.15,000/- (Rupees Fifteen Thousand) with two Patna High Court CR. MISC. No.26032 of 2026(4) dt.18-08-2026
sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Dehri (Town) P.S. Case No. 123 of 2026.
Rajorshi/- (Rudra Prakash Mishra, J) U T