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Patna High Court

Raj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.10148 of 2026(3) dt.18-03-2026
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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
            Patna High Court CR. MISC. No.10148 of 2026(3) dt.18-03-2026
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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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