Patna High Court
Tuntun KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted regular bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.
Summary
The petitioner, Tuntun Kumar, was arrested in connection with a case registered under sections 276, 277 and 278 of the Bhartiya Nyay Sanhita, 2023 and sections 21(c) and 29 of the NDPS Act, after 140 bottles of codeine‑containing cough syrup were seized from his possession and a co‑accused riding a motorcycle owned by him. The petitioner contended that he was falsely implicated and that no incriminating article was recovered from his direct possession. He had been in custody since 30‑Nov‑2025 and a chargesheet had already been filed. The court, after hearing both sides, considered the nature of the allegations, the period of custody and the filing of the chargesheet, and ordered that the petitioner be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties of equal amount, subject to the satisfaction of the District and Sessions Judge‑cum‑Special Judge, NDPS, Patna.
Issues considered
- What is the appropriateness of granting regular bail to the petitioner under the Bhartiya Nyay Sanhita and NDPS Act given the nature of the alleged offences?
- Does the petitioner pose a risk of fleeing, tampering with evidence, or influencing witnesses that would justify denial of bail?
Legislation cited
- Bhartiya Nyay Sanhita, 2023 — s. 276, 277, 278
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(c), 29
Subjects
- regular bail
- NDPS Act
- codeine
- drug trafficking
- Bhartiya Nyay Sanhita
- criminal procedure
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10050 of 2026
Arising Out of PS. Case No.-435 Year-2025 Thana- ATHMALGOLA District- Patna
======================================================
Tuntun Kumar S/O Hare Kishun Ray R/O Village- Nayatola, Raghopur,
Police Station- Bakhtiyarpur, District-Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Krishna Jha, Advocate
For the Opposite Party/s : Mr.Kumar Veerendra Narayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 25-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Athmalgola P.S. Case no.
435 of 2025 registered under sections 276, 277 and 278 of the
Bhartiya Nyay Sanhita, 2023 and sections 21(c) and 29 of the
NDPS Act.
3. As per the prosecution case, 140 bottles of cough
syrup containing codeine (a total of 14 litres) was recovered
from the possession of the petitioner and one another who were
on a motorcycle, registered owner of which is the petitioner
herein.
4. It is submitted by learned counsel for the petitioner
that the petitioner has been falsely implicated in the case
because of his antecedent. No incriminating article has been
Patna High Court CR. MISC. No.10050 of 2026(2) dt.25-02-2026
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recovered from his possession. He is in custody since
30.11.2025 and chargesheet has been submitted in the case.
5. Heard learned A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the nature of allegations against the
petitioner in the F.I.R. together with the petitioner being in custody
since 30.11.2025 and chargesheet having been submitted in the case,
the Court directs the petitioner to be enlarged on bail in connection
with Athmalgola P.S. Case no. 435 of 2025 on furnishing bail bond
of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned District and Sessions
Judge-cum-Special Judge, N.D.P.S. Patna.
(Partha Sarthy, J)
Bibhash
U T
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