Patna High Court
CR. MISC./40985/2026 of Akash Kumar Vs The State of Bihar on 25 June 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40985 of 2026 Arising Out of PS. Case No.-366 Year-2026 Thana- DANAPUR District- Patna ====================================================== Akash Kumar S/o Ashok Choudhary R/o Mohalla - Nasriganj, Biscuit Factory More, Ward no. 33,P.S. -
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40985 of 2026
Arising Out of PS. Case No.-366 Year-2026 Thana- DANAPUR District- Patna ======================================================
Akash Kumar S/o Ashok Choudhary R/o Mohalla - Nasriganj, Biscuit Factory More, Ward no. 33,P.S. - Danapur, District – Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Rajendra Kumar Jain, Advocate.
For the Opposite Party/s :
Mr. Nand Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
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ORAL ORDER
25-06-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in connection with Danapur P.S. Case No. 366 of 2026 registered for the offence punishable under Sections 20(b)(ii)B of the N.D.P.S. Act.
3. The case of the prosecution, in short, is that on a tip-off, a raid was conducted in the house of one Jagdish Prasad, who was apprehended along with this petitioner, and from the search of the house, Rs. 44,848/- in cash, mobile phones, and 4.04 kg of ganja were recovered from the house of Jagdish Prasad.
4. Learned counsel appearing on behalf of the Patna High Court CR. MISC. No.40985 of 2026(2) dt.25-06-2026
petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He also submits that nothing has been recovered from the possession of the petitioner, rather, the recovery, if any, has been made from the house of the co-accused. He further submits that in any view of the matter the alleged recovery of contraband is though more than small quantity but is much less than commercial quantity. He further submits that the person from whom the recovery was made, namely, Jagdish Prasad, has been granted bail by the learned coordinate Bench of this Court vide Cr. Misc. No. 38026 of 2026. The case of this petitioner stands on better footing. Moreover, a statement has been made in para 3 of the petition that petitioner has no criminal antecedent and he is languishing in judicial custody since 30.03.2026.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned District Patna High Court CR. MISC. No.40985 of 2026(2) dt.25-06-2026
& Sessions Judge-cum-Special Judge (NDPS), Patna in connection with Danapur P.S. Case No. 366 of 2026.
Sudhanshu/- (Ashok Kumar Pandey, J) U T