Tuntun Rishi Vs The State of Bihar

For the Petitioner/s : Mr. Amit Kumar Anand, Advocate For the Opposite Party/s : Mr. Shyam Kumar Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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2 21-01-2026

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Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner seeks bail in connection with Special (NDPS) Case No. 236 of 2025, CIS No. 236 of 2025 arising out of Sadar P.S. Case No. 288 of 2025 instituted for the offences under Sections 317(4), 317(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 8(c), 21(b) of the N.D.P.S. Act.

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Prosecution case, in short, is that total 25.08 grams of smack has been recovered in this case.

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Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Petitioner is in custody since 16.06.2025 and has no criminal antecedent. There

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Patna High Court CR. MISC. No.2396 of 2026(2) dt.21-01-2026 2/3

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is no allegation of tampering of witnesses alleged against the petitioner. No incriminating material has been recovered from the conscious possession of the petitioner. Petitioner has no concern with the alleged recovery. The recovered contraband is below commercial quantity, and hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act.

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Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

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Considering the aforesaid facts and circumstances of the case, recovered contraband being less than the commercial quantity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

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Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Special (NDPS) Case No. 236 of 2025, CIS No. 236 of 2025 arising out of Sadar P.S. Case No. 288 of 2025, subject to the following conditions:

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(I) One of the bailors shall be own/close member of the family of the petitioner.

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Patna High Court CR. MISC. No.2396 of 2026(2) dt.21-01-2026 3/3

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(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

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(III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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(Rudra Prakash Mishra, J)

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Alok Verma/-

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U T

Tuntun Rishi v. The State of Bihar

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Tuntun Rishi v. The State of Bihar

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