Patna High Court
Raj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner, holding that the circumstances warranted release on bail with conditions.
Summary
Petitioner Raj Kumar was arrested on 8 September 2025 in connection with a case involving alleged possession of 28 grams of smokeless drug (smack) and offences under Sections 8(c) and 21(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act and Section 7 of the Lotteries Act. The prosecution’s case is that 28 grams of the drug were recovered, but no incriminating article was found on the petitioner, only a mobile phone. The petitioner contended that the FIR is false, he has a clean antecedent, and that co‑accused persons in similar circumstances have already been granted bail. The State opposed bail, arguing the seriousness of the offences. Considering the lack of seized contraband from the petitioner, his clean record, and the precedent of bail to co‑accused, the Court ordered his release on bail with a bond of Rs.10,000 and specified conditions for appearance and non‑tampering with evidence.
Issues considered
- What is the appropriate exercise of judicial discretion in granting bail to an accused under Sections 8(c) and 21(b) of the NDPS Act and Section 7 of the Lotteries Act?
- Does the absence of any incriminating article recovered from the petitioner, coupled with a clean antecedent and bail granted to similarly situated co‑accused, justify the grant of bail?
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 8(c)
Subjects
- bail
- NDPS Act
- Lotteries Act
- false FIR
- clean antecedent
- drug possession
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10148 of 2026
Arising Out of PS. Case No.-202 Year-2025 Thana- Kharagpur District- Munger
======================================================
Raj Kumar Son of Ajay Pandit R/o Mohalla - Madadevpur P.S - Haveli
Kharagpur, Dist. - Munger.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Saurabh, Advocate
For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 18-03-2026 Heard Mr. Shashi Saurabh, learned counsel for the
petitioner and Mr. Nirmal Kumar Sinha, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
08.09.2025 in connection with Kharagpur P.S. Case No. 202 of
2025, F.I.R. dated 08.09.2025 for the offences punishable under
Sections 8(c), 21(b) of the N.D.P.S. Act and Section 7 of the
Lotteries Act.
3. According to prosecution case, recovery is of 28
gms. of smack.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation as alleged in the
Patna High Court CR. MISC. No.10148 of 2026(3) dt.18-03-2026
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FIR is false and fabricated and the petitioner has not committed
any offence as alleged in the FIR. Altogether, 101 puriya of
smack was recovered from possession of other co-accused
persons. It appears from the seizure list that nothing
incriminating article was recovered from possession of this
petitioner, only one mobile phone was recovered from
possession of the petitioner. Similarly situated co-accused
person, namely, Anand Saw has been granted regular bail by this
Court vide order dated 09.01.2026 passed in Cr. Misc. No. 3226
of 2026, co-accused person, namely, Abhishek Kumar, has been
granted regular bail by this Court vide order dated 24.12.2025
passed in Cr. Misc. No. 3570 of 2026 and co-accused person,
namely, Mohit Anand has been granted regular bail by a
coordinate Bench of this Hon’ble Court vide order dated
09.01.2026 passed in Cr. Misc. No. 6167 of 2026. He further
submits that the Police after investigation submitted the charge-
sheet against the petitioner and the petitioner is in judicial
custody since 08.09.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
and also the fact that the petitioner has clean antecedent, no
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incriminating article has been recovered from possession of this
petitioner and similarly situated co-accused persons have been
granted bail by this Court and by another coordinate Bench of
this Hon’ble Court, let the petitioner, above named, be released
on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned A.C.J.M., 1, Munger, in connection with Kharagpur
P.S. Case No. 202 of 2025, with the following conditions:
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
ii. 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.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
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shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
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