Allowed¶18

Mithlesh Kumar @ Mithilesh Kumar v. The State of Bihar

Patna HC17 Jan 2026CR. MISC./91146/2025

Case brief

AI extract

What is this about?

Patna HC Cr. Misc. 91146/2025 (decided 17-01-2026): regular bail under NDPS Act sections 8(c)/21(b)/22(b); 35.04 grams smack-like substance recovered from bamboo clamp on accused's disclosure; quantity above small but below commercial; seizure-procedure objection re Section 105 BNSS; custody since 24.10.2025; two criminal antecedents cited by APP; bail bond Rs.10,000/- with two sureties; condition to attend trial physically.

What did the court decide?

Regular bail granted; petitioner to be released in Sonbarsa Raj P.S. Case No. 209 of 2025 on bail bond of Rs.10,000/- with two sureties of the like amount each before the learned Sessions Judge cum Special Judge, Saharsa, conditioned on cooperation in trial and physical presence in the trial court whenever required. ¶18

Mithlesh Kumar @ Mithilesh Kumar Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner should be enlarged on regular bail in Sonbarsa Raj P.S. Case No. 209 of 2025 registered under sections 8(c)/21(b) and 22(b) of the NDPS Act.

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Ratio / Principle

After hearing both sides and considering the facts and circumstances, the court found itself inclined to enlarge the petitioner on bail despite the criminal antecedents pointed out by the APP.

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Key takeaways

The petitioner is directed to be released on bail in Sonbarsa Raj P.S. Case No. 209 of 2025 upon furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Sessions Judge cum Special Judge, Saharsa.ratio¶18
Bail is granted with the express condition that the petitioner shall cooperate in the trial and shall be physically present in the trial court whenever required.ratio¶18

Detailed headnote1 paragraphs

Criminal Miscellaneous No.91146 of 2025 (Patna High Court, decided 17-01-2026, Ashok Kumar Pandey, J): Regular bail granted to Mithlesh Kumar @ Mithilesh Kumar in Sonbarsa Raj P.S. Case No. 209 of 2025 (District Saharsa) registered under sections 8(c)/21(b) and 22(b) of the NDPS Act, where 35.04 grams of smack-like intoxicating substance was alleged to have been recovered from a bamboo clamp on the petitioner's disclosure. Defence objections included absence of recovery from possession, police personnel as seizure witness, non-compliance with Section 105 B.N.S.S. in preparing the seizure, open-place recovery, and quantity below commercial quantity; petitioner in custody since 24.10.2025; APP opposed citing two criminal antecedents. Bail ordered on bond of Rs.10,000/- with two like sureties before the Sessions Judge cum Special Judge, Saharsa, subject to cooperation in trial and physical presence when required.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.91146 of 2025

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Arising Out of PS. Case No.-209 Year-2025 Thana- SONBERSHA RAJ District- Saharsa

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

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Mithlesh Kumar @ Mithilesh Kumar S/o Bind Kumar @ Bind Kumar Yadav Resident of Village- Navtoliya, ward no. 1, P.S- Sonbarsa Raj, DistrictSaharsa

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar, Advocate Mr. Binod Kumar Sinha, Advocate For the Opposite Party/s : Mrs. Anita Kumari, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

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2 17-01-2026

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

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The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 8(c)/21(b) and 22(b) of the NDPS Act.

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The case of the prosecution is that on the disclosure of this petitioner, altogether 35.04 grams of smack like intoxicating substance was recovered from bamboo clamp.

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Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that nothing has been recovered from the possession of this petitioner. The witness of the seizure is police personnel. Police has not followed Section 105 of B.N.S.S. while preparing seizure. The alleged recovery, if any, has

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Patna High Court CR. MISC. No.91146 of 2025(2) dt.17-01-2026 2/2

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been made from bamboo clamp which is an open plance. It has further been submitted by learned counsel for the petitioner that the recovery as alleged is though more than small quantity but is much less than commercial quantity as per NDPS Act. Moreover, the petitioner is languishing in judicial custody since 24.10.2025.

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Learned APP appearing for the State has vehemently opposed the prayer of regular bail and has submitted that petitioner is having criminal antecedent of two cases.

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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 Sonbarsa Raj P.S. Case No. 209 of 2025 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 cum Special Judge, Saharsa with the condition that the petitioner shall cooperate in trial and shall be present physically in trial court whenever required.

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(Ashok Kumar Pandey, J)

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Shubham/-

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U T

Mithlesh Kumar @ Mithilesh Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Mithlesh Kumar @ Mithilesh Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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