Dismissed¶17

Jai Prakash Kumar v. The State of Bihar

Patna HC9 Dec 2025CR. MISC./73457/2025

Case brief

AI extract

What is this about?

Patna High Court, CR. MISC. No.73457 of 2025, decided 09-12-2025 by Ashok Kumar Pandey, J. Bail application rejected in NDPS case (Sections 8(c), 17C, 21C N.D.P.S. Act; Section 111 B.N.S., 2023) where 1026 gram crude brown sugar, a commercial quantity, was allegedly recovered from the petitioner's bag; chargesheet filed; petitioner in judicial custody since 15.05.2025; renewal of bail prayer permitted after six months if trial pending. Keywords: NDPS bail, commercial quantity, crude brown sugar, Section 105 BNSS, Section 15 notice, Muzaffarpur.

What did the court decide?

Bail refused: considering the facts and circumstances, since the commercial quantity of contraband was recovered from the bag of the petitioner, the Court was not inclined to enlarge him on bail at this stage. ¶17

Jai Prakash Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.73457 of 2025

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Arising Out of PS. Case No.-140 Year-2025 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur

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Jai Prakash Kumar S/o- Surendra Yadav R/v- Shitalpatti Ps- Chiraiya DistEast Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anil Kumar, Adv. For the Opposite Party/s : Mr. Tarun Prasad Mandal, Adv. ======================================================

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CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

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2 09-12-2025

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Heard Mr. Anil Kumar, learned counsel for the petitioner and Mr. Tarun Prasad Mandal, learned APP for the State.

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The petitioner has prayed for bail in connection with Kazi Mohammadpur P.S. Case No. 140 of 2025 registered for the offence punishable under Sections 8(c), 17C, 21C of the N.D.P.S. Act, the police has submitted chargesheet for the offence under Sections 8(c), 17C and 21C of the N.D.P.S. Act and Section 111 of the B.N.S., 2023.

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The case of the prosecution in short is that from the bag of this petitioner, altogether 1026 gram of crude brown sugar was recovered.

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Patna High Court CR. MISC. No.73457 of 2025(2) dt.09-12-2025 2/3

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Learned counsel appearing on behalf of the 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 this petitioner. It has also been submitted that the seizure was not made at the place of occurrence; rather, the petitioner and others were brought to P.S., where the seizure was made. He further submits that the Section 15 notice was not given to them. The provisions of Section 105 of the BNSS were also not complied with. A statement has been made in para 3 of the petition that the petitioner has no criminal antecedent. Moreover, the petitioner is languishing in judicial custody since 15.05.2025.

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The application for bail is opposed by learned APP for the State.

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Having heard learned counsel for the parties and considering the facts and circumstances of the case as the commercial quantity of contraband has been recovered from the bag of this petitioner, this Court is not inclined to enlarge the petitioner on bail at this stage. However, the petitioner will be at liberty to renew his prayer for bail after six months if the trial is not concluded.

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Patna High Court CR. MISC. No.73457 of 2025(2) dt.09-12-2025 3/3

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