Premjit Kumar @ Karu Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Premjit Kumar @ Karu Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted; petitioner to be released on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge/Special Judge (NDPS), Patna.

Issue for consideration

Whether the petitioner, charged under Sections 21 and 22(b) of the N.D.P.S. Act in Agamkuan P.S. Case No. 228 of 2026, is entitled to regular bail.

Court's answer

Having heard both sides and considering the facts and circumstances of the case, the court was inclined to enlarge the petitioner on bail.

Ratio / Principle

The petitioner was directed to be released on bail in connection with Agamkuan P.S. Case No. 228 of 2026 upon furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of learned Sessions Judge/Special Judge (NDPS), Patna.

Detailed headnote1 paragraphs

Patna High Court, Criminal Miscellaneous No.29578 of 2026 (arising out of Agamkuan P.S. Case No. 228 of 2026, District Patna): oral order dated 06-05-2026 of Hon'ble Mr. Justice Ashok Kumar Pandey enlarging petitioner Premjit Kumar @ Karu on regular bail. Prosecution case: three persons on a bike arrested by police and altogether 5.4 grams of Alprazolam tablet recovered from their possession; offence punishable under Sections 21 and 22(b) of the N.D.P.S. Act. Counsel for the petitioner urged bail on the grounds that the recovered quantity exceeded small quantity though far below commercial quantity, that Section 105 of B.N.S.S. was not complied with while making seizure and the seizure-list witnesses were police personnel, that nothing was recovered from the petitioner's conscious possession, that he had been in judicial custody since 08.03.2026, and that a similarly situated co-accused had been granted bail vide Cr. Misc. No. 28251 of 2026. Considering the facts and circumstances, the court directed release on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge/Special Judge (NDPS), Patna.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29578 of 2026

Arising Out of PS. Case No.-228 Year-2026 Thana- AGAMKUAN District- Patna

======================================================

Premjit Kumar @ Karu S/o- Nand Kishor Prasad @ Nand Kishor Saw Resident of Village- Hilsa Mai PS- Hilsa Dist- Nalanda

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr. Dr.Kamal Deo Sharma, Advocate For the Opposite Party/s : Mr. Dr. Ajeet Kumar, APP

======================================================

CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

2 06-05-2026

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

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 21 and 22(b) of the N.D.P.S. Act.

The case of the prosecution is that three persons on a bike were arrested by police and from their possession, altogether 5.4 grams of Alprazolam tablet was recovered.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Learned counsel for the petitioner has submitted that while making seizure, Section 105 of B.N.S.S. has not been complied and the seizure list witnesses are police personnel. Nothing has been recovered from his

Patna High Court CR. MISC. No.29578 of 2026(2) dt.06-05-2026 2/2

conscious possession. It has also been submitted that though the quantum of the contraband which has been recovered is more than small quantity but is much less than commercial quantity. Moreover, he is languishing in judicial custody since 08.03.2026. Learned counsel has further submitted that similarly situated other co-accused person has already been granted bail by this court vide Cr. Misc. No. 28251 of 2026.

Learned APP appearing for the State has vehemently opposed the prayer of regular bail.

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 released on bail in connection with Agamkuan P.S. Case No. 228 of 2026 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge/Special Judge (NDPS), Patna.

(Ashok Kumar Pandey, J)

Shubham/-

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